NARAYANNA PAI, CJ. ( 1 ) THESE six writ petitions raise questions relating to the efficacy or validity of the action taken, by the State Government pursuant to the proviso appended to sub-section (11) of S 42 of the Mysore Municipalities Act, 1964. ( 2 ) WRIT Petitions Nos. 1943 and 1944 are by the President and vice-President respectively of the Municipal Council of Shimoga. The council itself was constituted by a general election held in May 1969. Thr president and the Vice-President were elected on 10-6-1969. On 3rd July, 1969 the Council unanimously adopted a resolution consenting to the term of office of the President and Vice-President being limited to a period of one year. On the strength of the same, the State Government issued a direction on 26-9-1969 in the light of the proviso, namely, that the term of the office of the President and Vice-President, Shimoga Municipal Council, shall be limited to one year and that election therefor shall be held every year. In May 1970 steps were taken for holding a re-election to the positions of the President and Vice-President at a meeting proposed to be held on 21-5-1970. It is at that stage that the two petitioners approached this court with these writ petitions and obtained on 20-5-1970 an order staying the holding of the election. ( 3 ) WP. NO. 2582 of 1970 is by the President of the Srirangapatna municipal Council. He was elected President on 23-1-1969. On 15-12-1969, the Council adopted unanimously a resolution under or pursuant to the proviso appended to sub-sec. (11) of S. 42 of the Act on the strength of which the State Government issued appropriate directions on 20-3-1970. On 1-7-1970, the Deputy Commissioner of Mandya District, passed orders appointing the Tahsildar of Srirangapatna to perform the functions of the president of the Municipal Council as well as an election officer for holding fresh election to the position of the President. Thereupon, the petitioner came to this Court with this writ petition and obtained an order admitting the writ petition and also staying the operation of the said two orders of the Deputy Commissioner. On 2-9-1970, the interim order was vacated upon the report that the Tahsildar had already taken charge to perform the functions of the President on 3-7-1970. On a subsequent application, an order was made on 18-9-1970 staying the holding of an election. On 2-9-1970, the interim order was vacated upon the report that the Tahsildar had already taken charge to perform the functions of the President on 3-7-1970. On a subsequent application, an order was made on 18-9-1970 staying the holding of an election. ( 4 ) WP. No. 16 of 1970 is by the Vice-President of the Rabkavi-Banhatti municipal Council. He was so elected on 5-9-1968. It would appear that the Municipal Council had on 29-4-1968 adopted a resolution pursuant to the proviso of sub-sec. (11) of S. 42 of the Act, but no specific action was taken by the State Government thereon. On a reference said to have been made by the Deputy Commissioner of the District, a fresh resolution was passed on 27-6-1969 on the basis of which the State Government issued an appropriate direction on 28-10-1969. Fresh elections were scheduled to be held on 6-1-1970. The writ petition was admitted on that date and an order was made staying the declaration of the results. ( 5 ) WP. Nos. 17 and 332 of 1970 are by the President and Vice-President respectively of the Chickmagalur Municipal Council. General elections thereto were held in December 1968 and the petitioners were elected president and Vice-President respectively on 23-1-1969. It would appear that before the aforesaid general elections, the previous Municipal Council had passed a resolution under the proviso to sub-sec, (11) of S. 42 on 15-12-1966 on the strength of which the Government passed an order on 16-3-1967, The present Councillors adopted a resolution on 16-1-1970 purporting to rescind the previous resolution, but the State Government have not taken any action thereon so far. When fresh elections were sought to be held, these writ petitions were filed and stay of the holding of election was ordered on 21-1-1970. ( 6 ) SUB-SEC. (11) of S-42 of the Mysore Municipalities Act, 1964 reads: "the term of office of every President and of every Vice-President shall, save as provided in this Act, cease on the expiry of the term of office as Councillor: "provided that he Government may, with the consent of the municipal Council concerned, direct that their term be limited to one year and that elections therefor be held every year. " ( 7 ) IN all the cases mentioned above, except the two relating to Chickmagalur Municipality, resolutions of the Municipal Councils concerned were adopted after the petitioners had been elected as President or Vice-President as the case may be. In the two writ petitions relating to Chickmagalur, the position as earlier stated is that there was already a resolution passed by the Municipal Council constituted by the Councillors elected on a previous occasion which was the foundation for the action for the impugned fresh elections taken by the authorities concerned. ( 8 ) ON these facts, two questions of law that have been debated before us are:" (1) Whether a direction of the State Government under or pursuant to the proviso appended to sub-sec. (1) of S. 42 of the Act on the strength of a resolution passed by the Municipal Council concerned, would operate to curtail the term of office of a President or Vice-President elected before, such a direction had been issued or before the resolution of Municipal Council forming the basis of the direction had been passed; and (2) Whether a resolution passed by the persons for the time being functioning as Councillors of a Municipal Council and a direction of the Government following thereon, would govern elections to the positions of President and Vice-President of a subsequently re-constituted municipal Council. " ( 9 ) THE answer to both the questions depends upon the correct interpretation to be placed on the sub-section together with the proviso. For arriving at the true interpretation, there can be no doubt, assistance should be had from other connected provisions of the statute indicating the general scheme and policy of the statute. ( 10 ) WE should first, take note of the difference between Councillors and the Municipal Council. Clause (6) of S. 2 defines a Councillor to mean any person who is legally a member of a Municipal Council. Clause (14) of the same section defines the Municipal Council to mean a Council of a town or City Municipality established under the Act. A municipality is anv local area which is constituted or declared as a city or town municipality under S. 2 of the Act (clause (15) of the same section ). Clause (14) of the same section defines the Municipal Council to mean a Council of a town or City Municipality established under the Act. A municipality is anv local area which is constituted or declared as a city or town municipality under S. 2 of the Act (clause (15) of the same section ). Under S. 3, the Government, is empowered by notification to declare any local area containing a specified population to be a city municipality or a town municipality as the case may be S. 10 states:"in every municipality, there shall be a municipal council, 'and every such municipal council shall be a body corporate by the name of "the City Municipal Council of. . . . . . " or "the Town Municipal council of. . . . . . ", as the case may be, and shall have perpetual succession and a common seal with power, subiect to the provisions of this act. to acqire, hold and dispose of property and to contract and may by the said name sue and be sued through its Chief Officer or Municipal commissioner. " ( 11 ) FROM the provisions summarised above, it becomes clear that while Councillors are members of a municipal council, municipal council itself is an incorporated body distinct and different from its Councillors. The Council has a perpetual succession irrespective of who the members constituting the same from time to time may be. ( 12 ) UNDER S. 18, the term of office of Councillors elected at a general election is declared to be four years and has to commence on the date of publication of their names under S. 20, in normal circumstances. But a municipal council is declared to be duly constituted when the term of office of not less than two-thirds of the* total number of Councillors commences. ( 13 ) S. 42 deals with President and Vice-President. The first sub-section thereof declares that for every municipal council, there shall be a president and a Vice-President and the second, that the President and the vice-President shall be elected by the Councillors from among themselves. Sub-sec. (3) provides, among other things, that the election of the President and the Vice-President shall be in accordance with such rules as may be prescribed. Under sub-sec. Sub-sec. (3) provides, among other things, that the election of the President and the Vice-President shall be in accordance with such rules as may be prescribed. Under sub-sec. (4), the Commissioner is empowered to appoint a President or Vice-President if the municipal council fails to elect a President or a Vice-President. Sub-sec. (5) names certain officers who can perform the functions of the President during a vacancy in the office of the President if there is no Vice-President to take his place or a vice-president. . . . . . . . . . . . . . fails to assume charge of the office of President. Sub-sections (6), (7), (8), (9) and (10) deal with topics with which we are not directly concerned in these writ petitions. Sub-sec. (11) we have already copied. Sub- sec. (12) which is of importance reads as follows:"in the event of the non-acceptance of office, death, resignation or removal from office of a President or Vice-President or of his election being void, or of his becoming incapable of acting in such office or having ceased to be a Councillor, previous to the expiry of his term of office as President or Vice-President, the vacancy shall be filled up by appointment or election, as the case may be, in accordance with the provisions of the foregoing sub-sections. When any vacancy not otherwise provided for occurs the Government may appoint any person to perform all the duties and exercise all the powers of a President or vice-President during such vacancy. "provisions of sub-sec. (13) are not relevant to our discussion ( 14 ) AMONG the rules framed to govern the election of President and vice-President, Rule 3 is of importance. That rule provides for the fixation of dates for elections, and other connected matters. Sub-rule (1) specifies the dates and the intervals between them. Sub-rules (2), (3) and (4) refer to three different situations. Sub-rule (2) deals with the first election after reconstitution of a municipal council; sub-rule (3), with tha election to fill a vacancy caused by expiration of the term of office; and sub-rule (4), with the election to fill vacancies occurring in other ways. Sub-rules (2), (3) and (4) refer to three different situations. Sub-rule (2) deals with the first election after reconstitution of a municipal council; sub-rule (3), with tha election to fill a vacancy caused by expiration of the term of office; and sub-rule (4), with the election to fill vacancies occurring in other ways. Those sub-rules read as follows:" (3) In the case of an election to fill a vacancy caused by the expiration of the term of office of the President or the Vice-President, a notice under sub-rule (1) shall be issued on or as soon as conveniently may be after the sixtieth day before the expiration of the term of office of the outgoing President or Vice-President, as the case may be and the dates shall be so appointed under the said sub-rule that the election will be completed at such time as will enable the President or the vice-President thereby elected to enter upon his office on the date following the expiration of the term of office of the outgoing President or vice-President, as the case may be. (4) In the case of an election to fill a vacancy in the office of the president or the Vice-President occurring by reason of his death, resignation, removal or otherwise, a notice under sub-rule (1) shall be issued as soon as may be after the occurrence of such vacancy. "we are not concerned with sub-rules (5) and (6 ). ( 15 ) THE scheme or purpose of the statute as appearing from these provisions clearly is that President and Vice-President are elective offices, that the normal way of filling those offices is an election by the Councillors, that steps should be taken to fill vacancies by election in such a way as to see that there is no interregnum, and that in the event of there being any inevitable or unavoidable interval, some officer either named by the statute or appointed by the Government is to discharge the functions of the President and the Vice-President. Even in the last mentioned category of cases, the indication of the statute is that the interval shall be as short as possible and that therefore every attempt should be made to see that the elective principle is given full play. Even in the last mentioned category of cases, the indication of the statute is that the interval shall be as short as possible and that therefore every attempt should be made to see that the elective principle is given full play. ( 16 ) THE term of office of a Council is the same as the term of the councillors first elected at a general election, and that is four years from the date of publication of results under S. 20. The term of office of the president or Vice-President, according to the main provision of sub-section (11) of Sec. 42, terminates with the term of office of the member so elected as Councillor. But as the office of a President or Vice-President is different from the office of a mere Councillor, the commencement of the term of the said office could only be the point of time at which a member enters upon the office of President or Vice-President as the case may be the same in normal circumstances should be the date of election because rule 14 of the Election Rules states that the President or the Vice-President elected under the rules shall enter upon his duties forthwith, in case there is no elected President or Vice-President and, after the expiry of the term of office of elected President or Vice-President, in other cases. Here again, the clear indication is that there should not be an interregnum but that there should be at all times functioning in a municipal council, a president and a Vice-President. ( 17 ) ALTHOUGH there are various ways or circumstances by or in which a person may cease to hold the office of the President or Vice-President, in normal circumstances his term of office is the same as his term of office as member But provision is made to limit that term to one year in the proviso to sub-sec. (11) of S. 42. The power so to limit the term is given to the Government which can make a direction to that effect with the consent of the municipal council concerned. The consent of the municipal council is a condition precedent to the exercise of the power by the State government The power is undoubtedly that of the State Government. The proviso uses the expression 'municipal council' and not 'councillors'. The consent of the municipal council is a condition precedent to the exercise of the power by the State government The power is undoubtedly that of the State Government. The proviso uses the expression 'municipal council' and not 'councillors'. By definition, municipal council is the incorporated body referred to in s. 10 of the Act and not a collection of persons, who, for the time being function as municipal councillors. The consent, therefore, which is necessary to clothe the Government with the power to curtail the term, is not of individuals whether they are Councillors or also Presidents or Vice-Presidents, but of the incorporate body called the municipal council. That much, in our opinion, is unexceptionable. It has however been argued that the purpose of incorporation as appears from the language of S. 10 is only to acquire, hold and dispose of property, to enter into contract, to sue and be sued and not any other purpose. It appears to us that there is no warrant to limit the clear effect of the section in that manner. The reference to the holding of property, entering into contract, suing and being sued, is a well-known legislative phraseology intended to indicate that a fictitious person created by the law can or is authorised bv law to do what ordinarily living persons do, that is to say, acquire rights and obligations which is done by acquisition and disposal of property and entering into contracts, the right to sue and the liability for being sued being a consequence of the acquisition of rights and obligations. Beyond this, it is not possible to depend upon the phraseology to limit the incorporation; just as a living person is a person for all purposes, a legal fictitious person is a person for all purposes of the law. ( 18 ) IT follows, therefore, that the consent required for the exercise of the state Government's power under the proviso to sub-sec. (11) of S. 42, is the consent of the incorporated body called the municipal council, and the only way in which such a body can express its consent, in the normal course of business; is to meet and pass such a resolution. That resolution in the setting of the section is only an expression of consent of agreement. (11) of S. 42, is the consent of the incorporated body called the municipal council, and the only way in which such a body can express its consent, in the normal course of business; is to meet and pass such a resolution. That resolution in the setting of the section is only an expression of consent of agreement. It is a necessary condition for the exercise of power by the State Government, but it cannot compel the State Government to act upon it. Once the State Government acts upon the consent expressed by the resolution and makes a direction, then the proviso declares that the term of office of the President or Vice-president, as the case may be, shall be limited to one year and consequently elections therefor should be held every year. ( 19 ) IT should also be noted that under the Mysore Act there can be only two possible terms of office for the President or the Vice-President, as the case may be,-namely, either four years under the main paragraph of sub-sec. (11) or one year. There 33 no intermediate position, and, as we have already pointed out, the policy of law is to see that there is no interregnum, and that is why the proviso says that when the term is limited to one year, election therefor shall be held every year, and sub-rule (3) of rule 3 of Election Rules makes provision for steps being taken to fill an anticipated vacancy well in advance to enable the freshly elected President or Vice-President as the case may be, to step in, the moment the term of the outgoing President expires. ( 20 ) IT also follows from the foregoing that the legal source or basis for ascertaining the length of the term of office of a President or Vice-President, as the case may be, is either the main provision of sub-sec. (11) or a direction of the Government curtailing the term to one year under the proviso. The net result is that in any municipal council the term of the President or Vice-President is either four years or one year. Hence if a person is elected in the circumstances or at a time when the term was four years, according to the legal provision applicable to the situation, he should normally retain that term. The net result is that in any municipal council the term of the President or Vice-President is either four years or one year. Hence if a person is elected in the circumstances or at a time when the term was four years, according to the legal provision applicable to the situation, he should normally retain that term. If, on the other hand, he is elected at a time when there is in force a direction by the State Government under the proviso to sub-sec. (11) limiting the term to one year, the legal source of that term is the said direction and he should have a term of office of only one year. Unless, therefore, there is any compelling reason in law to hold otherwise. a four year term cannot during the currency of the term be curtailed into one year, nor can a one year term be extended beyond one year. ( 21 ) THAT such is the position will be apparent if one sees how the language of the Mysore Act constitutes a departure from S. 19 of the Bombay municipal Boroughs Act, 1925 which reads:" 19 (1) Save as otherwise provided in this Act a President or vice-President, shall hold his office for such term, not less than one year or not less than the residue of the term of office of the municipality, whichever is less and not exceeding four years, as the municipality shall, previous to the election of the President or Vice-President determine, or until the expiry within the said term of his term of office, as Councillor, but shall be eligible for re-election: provided that the term of office of such President or Vice-president shall be deemed to extend to and expire with the date on which his sucessor is elected: provided further that where the term of office of a municipality is extended under this Act to a term not exceeding in the aggregate five years the President and Vice-President holding offices immediately before the date with effect from which such term if extended shall continue to hold their respective offices until the date on which the term so extended expires. "it will be seen that the provisions of the Bombay Act contain everything necessary to see that there is complete unbroken continuity in the office of President or Vice-President as the case may be. "it will be seen that the provisions of the Bombay Act contain everything necessary to see that there is complete unbroken continuity in the office of President or Vice-President as the case may be. It has left it entirely to the municipal council or the municipal borough to extend or curtail the term subject to certain limits, namely, the minimum of one year and a maximum of the life of the municipal borough itself. The mysore Act, however, has chosen to have only two terms, four years and one year, and has therefore been obliged to make other provisions in the act as well as in the rules to see that as far as possible there is continuity and not a break. ( 22 ) THIS discussion is sufficient to hold that a direction by the State government under proviso to sub-sec. (11) of S. 42 can rightly govern or control only such elections to the position of the President or Vice-President as are held after the making of such direction, it cannot affect the term of a person who has already been elected before the direction has been issued. Although various arguments have been addressed on the question of what is described as prospective and retrospective operation of the resolution, it appears to us that anything like retrospective operation is impossible in the Circumstances, because if a person has already been in office as President or Vice-President for more than one year before a direction is issued under proviso to sub-sec. (11) of S. 42, there is no power on earth which can take away from him the period which has already elapsed. The normal dictionary meaning of the word 'limit' is 'confine within limits', 'set bounds to', 'restrict to serve as a limit to'. To set an outer limit, therefore, to anything, the action must be taken when the said thing is still within the limit proposed to be imposed. If it has already crossed the limits which are proposed to be imposed, there is no question of limiting; but what has to be done is to cut it down; and time which has already expired, as we have already stated, cannot be cut down. ( 23 ) ANOTHER reason why no other conclusion is possible is the following. Assuming for the time being that there was no proviso to sub-sec. ( 23 ) ANOTHER reason why no other conclusion is possible is the following. Assuming for the time being that there was no proviso to sub-sec. (11) of S. 42 and the Legislature itself carried out an amendment substituting one year for four years in the main provision, there can be no aoubt whatever that the amendment would operate only in respect' of elections held subsequent to the coming into force of the amendment, unless specific provision is made in the amending Act to give it a retrospective operation. Such retrospective operation, for the reasons already stated, can be effected not by curtailing the term which has already extended beyond one year but by making a further positive provision that those who have been in office for more than one year shall vacate office on a given date. Therefore, to apply to a person a resolution limiting his term to one year after the expiry of that term, would be actual removal from office and not a limitation or limiting of the term of office. The two are quite different conceptions. ( 24 ) IT is no doubt possible to pass a resolution well within time to see that by obeying sub-rule (3) of Rule 3 of the Election Rules, an election is held in such a way as to permit the newly elected person to take office immediately after the expiry of one year, but the possibility of a resolution being passed after one year or two years or three years cannot be ruled out. When therefore an interpretation leads to incongruous or absurd results, the normal rule is to discard such interpretation. ( 25 ) THE same line of reasoning is also sufficient to hold that once a municipal council adopts a resolution, it binds that Council which has a perpetual succession, which means it binds every set of Councillors who from time to time are elected to constitute or reconstitute the same. ( 26 ) WHETHER at a subsequent point of time, the Council can rightly rescind the previous resolution and Government may validly act upon it and withdraw its previous directions, is a question on which we do not feel called upon to express any opinion in these cases, because although one of the Councils had passed such a resolution rescinding the previous resolution, the State Government have not taken any action thereon. They will no doubt examine the legal position carefully before taking any action. ( 27 ) FOR the reasons already discussed, we hold that in the case of the municipal councils of Shimoga, Srirangapatna and Rabkavi-Banhatti, the term of the existing Presidents or vice-Presidents is not affected by the resolutions passed by the said Councils under the proviso to sub-sec. (11) of S. 42 of the Act and the direction given by the State Government on the strength of them. In the case of the municipal council of chickmagalur, it is already bound by a previous resolution. ( 28 ) IN the result, we dismiss WP. Nos. 17 and 332 of 1970, and we make the following order in each of the remaining WP. Nos. 1943, 1944, 2582 and 16 of 1970. The resolution of the municipal council and the direction of the State Government made under and pursuant to the proviso to sub-sec. (11) of S. 42 are valid but do not affect the elections already held to the positions of the President or Vice-President, as the case may be, but will govern every one of the elections held subsequent to the date of the direction. Consequently, the steps already taken to hold fresh elections will stand quashed and there will be a prohibition against holding of fresh elections on the ground that the term of office of the petitioner has expired by virtue of the directions of the State Government under the proviso to sub-sec. (11) of Section 42. ( 29 ) IN WP. No. 2582 of 1970, the appointment of the Tahsildar to perform the functions of the President will automatically cease and in WP. Nos. 17 and 332 of 1970, elections stayed by this Court will proceed from the point at which they were interrupted by the order of this Court. ( 30 ) IN all these writ petitions, the parties shall bear their own costs. --- *** --- .