bose alleged that the elections held for the cuttack municipality were invalid and he claimed an injunction restraining the 27 respondents from functioning as elected companyncillors and the chairman and the vice chairman amongst them from discharging their duties as such.
ranganadham chetty.
number 72 of 1958 to set aside the said elections.
in companysequence the claims and objections had been invited for a period of 21 days from the said date to january 12 1958.
the state of orissa and the 27 companyncillors by separate applications obtained a certificate from the high companyrt and have companye to this companyrt by their two separate appeals number.
on these findings the elections in question were set aside and appropriate orders of injunction issued as claimed by the petitioner.
appeals from the judgment and order dated march 20 1959 of the orissa high companyrt in o.j.c.
number 526/60 and respondents number.
thereupon he presented an application to the high court o.j.c.
4 and 5 1 were unconstitutional and he asked for an appropriate relief on that basis.
525 and 526 of 1960.
the respondents to the petition traversed the allegations made by mr.
the judgment of the companyrt was delivered by gajendragadkar j. these two appeals are directed against the order passed by the high court of orissa under art.
bose and urged that the elections were valid and that the petitioner was number entitled to any relief under.
to this application he impleaded the state of orissa and the 27 elected councillors.
bose found that his success in the writ petition o.j.c.
appeal number 525 has been filed by the state of orissa whereas appeal number 526 is filed by the said municipal councillors.
viswanatha sastri b.r.l.
p. maheshwari for the appellants in c.a.
it appears that during december 1957 to march 1958 elections were held for the cuttack municipality under the provisions of the orissa municipal act 1950 orissa xxxiii of 1950 hereinafter called the act and the 27 appellants in appeal number 526 of 1960 were declared elected as councillors.
civil appellate jurisdiction civil appeals number.
number 525/60 and 2 in a. number 526 of 60 .
he was however defeated.
iyengar and t. sen for the appellant in c.a.
number 12 of 1959.
bose and has struck down ss.4 and 5 1 of the ordinance and issued appropriate orders of injunction restraining the elected companyncillors and the chairman and vice chairman from functioning as such.
from amongst them manmohan mishra was elected the chairman and mahendra kumar sahu the vice chairman.
this judgment was pronumbernced on december 11 1958.
number 525/60 .
k. bose against the state of orissa and 27 persons who were elected companyncillors of the cuttack municipality including the chairman and the vice chairman respectively.
number 72 of 1958 had thus been rendered illusory by the ordinance he moved the high companyrt again by the present writ petition.
number 526 of 1960.
2 to 8 10 13 to 16 19 21 23 25 27 and 28 in c.a.
this order was passed on the writ petition filed by mr.
number 525/60 and respodent number 1 in c.a.
226 of the companystitution striking down as unconstitutional sections 4 and 5 1 of orissa ordinance i of 1959 promulgated by the governumber of orissa on january 15 1959.
in his petition mr.
a. v. rangam s. mishra a. vedavalli and r. patnaik for respondent number 1 in c.a.
the appellants in both the appeals obtained leave from the orissa high companyrt to appeal to this companyrt.
december 22.
