(1.) In this case the petitioner has moved this Court for a writ under Article 226, Constitution of India directing the respondents to prepare a correct electoral roll for the special constituency of registered trade unions in the town of Patha in accordance with the provisions embodied in Section 8 (1) (b) (ii) of the Patna Municipal Corporation Act (Bihar Act 13 of 1952). The petitioner has also asked for a writ restraining the respondents from holding election in that special constituency until the electoral roll is prepared in accordance with the provisions of the statute. Cause has been shown by the Advocate General on behalf of the State of Bihar and other respondents to whom notice had been given.
(2.) Section 8 of the Act enacts that the Corporation shall consist of fifty-two Councillors including three Councillors elected severally by the special constituencies, namely, (i) one Councillor to be elected by the Bihar Chamber of Commerce; (ii) one Councillor to be elected by the registered trade unions having their registered offices at Patna; and (iii) one Councillor to be elected by the registered graduates of the Patna University having their normal place of residence at Patna. It appears that under the rule making power conferred under Section 540 of the Act the State Government have framed rules called the Patna. Municipal Corporation Election (Special Constituencies) Rules, 1953, These rules were published on 27-7-1953 in the Gazette notification No. M/R2--402/52--362--L/S.G. Rule 5 states that:
(3.) The question presented for determination in this case is whether the individual members of the registered trade unions are entitled to be placed on the electoral roll and to elect the Councillor for the special constituency. Section 8 (1) (c) states