BOSE, J. ( 1 ) THIS is an appln. under Art. 226 of the Const. Ind. for order on the opposite party No. 2, the Addl. Dist. Mag. of 24-Parganas, to show cause why certain orders made by him in relation to the affairs of the Budge Budge Municipality on 9-2-1951 and 16-2-1951, should not be set aside or cancelled and as to why the opposite party No. 1 should not be restrained from functioning as Chairman of the Municipality. ( 2 ) THE facts are shortly as follows : The petns. are the seven Comrs. of the Budge Budge Municipality. Resp. l was the Chairman of the Comrs. of the Municipality since 4-2-1949. It is alleged that 8 Comrs. out of the total number of 10 Comrs. of the Municipality lost confidence in the Chairman and on 8-9-1950, a requisition signed by 7 Comrs. was served on the Chairman for convening a special meeting for considering a proposal for removal of the Chairman from office. It is further alleged that the Chairman did not take steps to convene the meeting within 15 days of the service of the requisition as required Under Section 78 (2), Bengal Municipal Act and he has managed to gain over one of the requisitionist Comrs. Thereupon 6 of the requisitionist Comrs. issued a notice for convening a special meeting for removal of the Chairman on 16-1-1951, fixing 27th January as the date for such meeting. On 27-1-1951, a meeting was held by 7 (seven) Commrs. and a resolution was passed removing the Chairman from office. Thereafter towing to the obstructive attitude taken up by the opposite party No. 1 in refusing to vacate his office and to desist from functioning as such Chairman, petnr. 2, who was the Vice-Chairman at the time, applied to the S. D. O. under Section 144, Cr. P. C. on 29-1-1951, on the ground that there was an apprehension of the breach of peace. On 1-2-1951, the Vice-Chairman, who is petnr. 2, issued a notice of election of a new Chairman Under Section 45 (2), Bengal Municipal Act, fixing 12-2-1951 as the date for holding the meeting for such election. It appears that thereafter on 2-2-1951, the parties met the Addl. Dist. Mag. and had certain discussion with him about the matter. The Addl. Dist. Mag. directed an enquiry. 2, issued a notice of election of a new Chairman Under Section 45 (2), Bengal Municipal Act, fixing 12-2-1951 as the date for holding the meeting for such election. It appears that thereafter on 2-2-1951, the parties met the Addl. Dist. Mag. and had certain discussion with him about the matter. The Addl. Dist. Mag. directed an enquiry. An enquiry was made and a report was submitted by the S. D. O. On 7-2-1951, the Addl. Dist. Mag. passed an order holding that the requisition was not received by the Chairman either officially or formally. On 9-2-1951, he passed an order Under Section 548 (2), Bengal Municipal Act, suspending the resolution which was purported to have been passed by the Comrs. on 27-2-1951, and he directed the petnr. 2 not to hold any meeting on 12-2-1951. On the same day i. e. , on 9-2-1951, the Comrs. of the Municipality represented by the Vice Chairman instituted a suit being Title Suit No. 31 of 1951 in the Ct. of the Third Munsif of Alipore for a declaration that the resolution passed in the special meeting on 27-1-1951, was a valid, legal and binding resolution and for a declaration that the deft, was no longer the Chairman in office and that they also obtained an interim injunction on that day restraining the deft, from interfering with the works of the Municipality and to show cause within 7 days. On 12-2-1951, a meeting was however held by the Comrs. pursuant to the notice served on 1-2-1951 and the petnr. l was elected the Chairman. On 13-2-1951, the Govt. was informed about the election and the proceedings started Under Section 144, Cr. P. C. were withdrawn by petnr. 2 on that day. Thereafter on 14-2-1951, the interim injunction was modified by the Munsif on 16 2-1951, the Addl. Dist. Mag. , who is the opposite party 2, issued a warning notice to the Comrs. for flouting his order Under Section 548 (2 ). On 19-2-1951, the petnrs. applied to this Ct. for the issue of a rule nisi and such rule was issued on that date. ( 3 ) IT appears that on 14-3-1951, the suit filed in the Alipore Ct. was withdrawn. Mr. S. C. Jana appearing for the petnr. for flouting his order Under Section 548 (2 ). On 19-2-1951, the petnrs. applied to this Ct. for the issue of a rule nisi and such rule was issued on that date. ( 3 ) IT appears that on 14-3-1951, the suit filed in the Alipore Ct. was withdrawn. Mr. S. C. Jana appearing for the petnr. has contended that the resolution removing the opposite party No. 2 was a valid resolution and that opposite party No. l has no right to be in office or to function as the Chairman of the Municipality. He has also contended that the orders of the opposite party No. 2 Under Section 548 are not warranted by the terms of the section and are in excess of the power conferred upon him, under the Act. With regard to the first contention, it may be pointed out, that the copies of the records of the Municipal Office produced show that the requisition signed by 7 Comrs. Addressed to the Chairman and dated 8-9-1950, was left with the record-keeper of the Municipal Office who made over the same to the Vice-Chair man who, as I have already pointed out, is one of the requisitionists; but it is alleged that the same was never received back in the office and so it was not placed before the Chairman, the opposite party No. 1. (After discussing the evidence, the judgment proceeded ). I hold that the requisition dated 8-9-1950, was duly served on the opposite party No. 1 and the subsequent steps and proceedings taken by the Comrs. for convening the meeting on 27-1-1951, were properly taken and the resolution passed on 27-1-1951, was validly passed and is a good and effective resolution. ( 4 ) WITH regard to the second contention of Mr. Jana that the orders of opposite party No. 2 were invalid Orders, the facts on record show that the petnr. No. 2 himself apprehended a breach of the peace after the passing of the resolution for removal of the Chairman. So on 29-1-1951, he applied to the S. d. o. Under Section 144, Cr. P. C. The petnr. No. 1 also had some such apprehension and he also applied to the Officer-in-Charge of the Budge Budge Police Station on 31-1-1951. No. 2 himself apprehended a breach of the peace after the passing of the resolution for removal of the Chairman. So on 29-1-1951, he applied to the S. d. o. Under Section 144, Cr. P. C. The petnr. No. 1 also had some such apprehension and he also applied to the Officer-in-Charge of the Budge Budge Police Station on 31-1-1951. The opposite party No. 2 directed an enquiry and he was also satisfied upon such an enquiry that there was a likelihood of the breach of the peace. He also came to the conclusion upon the facts placed before him that the resolution of 27-1-1951, was not a valid resolution. Upon both these grounds he passed an order Under Section 548 (2) suspending the execution of the resolution and directed the Comrs. not to hold the meeting on 16-2-1951. It is submitted by Mr. Jana that the Dist. Mag. can interfere Under Section 548 (2) only when the resolution is one in excess of the powers of the Comrs. but if it is valid and good resolution then he cannot interfere. I am unable to accept this contention. It appears to me that the Section contemplates several alternative contingencies on the happening of which the Comr. of the Division or the Dist. Mag. is entitled to interfere under this Section. One of such contingencies is the likelihood of the serious breach of the peace Mr. Purnendu Sekhar Basu appearing for the opposite party No. l had contended that even when the resolution is a valid resolution, the Dist. Mag. can interfere under this Section if he is of opinion that the execution of the resolution is likely to lead to a breach of the peace. I am of the view that this contention of Mr. Basu is sound. As soon as the Dist. Mag. comes to the conclusion that there is a possibility of there being a breach of the peace upon steps being taken to execute the resolution, he at once becomes vested with jurisdiction to act under this Section. In my view the order of opposite party No. 2 cannot be assailed on the ground that he has acted without jurisdiction or in excess of the powers vested in him under the Act. In my view the order of opposite party No. 2 cannot be assailed on the ground that he has acted without jurisdiction or in excess of the powers vested in him under the Act. ( 5 ) THE order of opposite party No. 2 suspending the resolution being a valid one and the resolution having been suspended, the opposite party No. 2 cannot be restrained from functioning as Chairman. Another point was raised by Mr. Jana on behalf of the petnrs. and that is, that Section 548 (2) gives power only to the Dist. Mag. to act Under Section 548 (2), and not to the Addl. Dist. Mag. who has purported to act under the Section in this case and he challenges the order suspending the resolution as bad on that ground. Mr. Sen appearing on behalf of opposite party No. 2 has drawn my attention to Section 10 (l), Cr. P. C. which says that an Addl. Dist. Mag. shall have the same powers as that of a Dist. Mag. and can exercise all or any of the powers of the Dist. Mag. under this Code as the Provincial Govt. may direct. No notfn. of the Provincial Govt. has been produced or forthcoming in this case. It may be noted however that this ground is not specifically or clearly taken in the petn. and the opposite party No. 2 is therefore not in a position to produce any such notfn. even if there has been any. But the orders passed by the Addl. Dist. Mag. , the copies of which have been annexed to the affidavits filed in the present proceedings, clearly show that this particular order received confirmation and approval of the Dist. Mag. as appears from the endorsement to that effect made at the foot of the order and the Seal of the Dist. Mag. affixed thereon. Under these circumstances this contention of Mr. Jana appears to me to be without substance and has to be rejected. ( 6 ) IN the result, the petn. fails and the Rule must be discharged. I make no order as to costs.