MOULVI HAMID HASSAN NOMANI Vs. BANWARILAL ROY

JUDGEMENT

(1.) This is an appeal from an order of the High Court of Judicature at Fort William in Bengal, made on July 19, 1944.

(2.) On June 14, 1944, the High Court, on the application of the respondents, issued a rule nisi calling upon the appellant to show cause why an information in the nature of quo warranto should not be exhibited against him "as to by what authority he is exercising and performing or claiming to exercise or perform the powers and duties which may be performed or exercised by the Chairman and the Commissioners of the Howrah Municipality." By the said Order of July 19, 1944, the High Court made absolute the rule nisi. On December 14, 1944, the High Court ordered that the appellant's appeal to His Majesty in Council against the said Order of July 19, 1944, be admitted.

(3.) The facts leading to the issue of the said orders of the High Court are simple. On June 9, 1944, His Excellency the Governor of Bengal, purporting to act under the powers conferred on him by Rule 51F of the Defence of India Rules, made an order superseding the Commissioners of the Howrah Municipality for a period of one year, with effect from June 19, 1944, and directing that the appellant should exercise and perform all the powers and duties which might be exercised, or performed, by or on behalf of the Chairman and the Commissioners during the period of supersession.