CHANDRASHEKARAIAH, J. ( 1 ) THE petitioner is a president of the town municipal council, savanur. 1/3rd of the total number of the members of the 1st respondent gave a notice expressing no confidence against him and requested to call for the meeting. On that notice, the chief officer of the municipal council called for the meeting fixing the date of meeting as 18-10-1997 to consider the motion of no confidence moved against the petitioner. This notice is called in question by the petitioner in this petition. ( 2 ) SECTION 47 (2) and (3) of the Karnataka municipalities Act, 1964 (for short 'the act') provides for procedure to call for the meeting which reads as follows. "47 (2) the president may, whenever he thinks fit, and shall, upon the written request of not less than one-third of the whole number of councillors and for a date not more than fifteen days after the presentation of such request, call a special general meeting. (3) if the president fails to call a special general meeting as provided in sub-section (2) the vice-president or one third of the whole number of councillors may call such meeting for a day not more than thirty days after the presentation of such request and require the chief officer or the municipal commissioner to give notice to the councillors and take such action as may be necessary to convene the meeting". ( 3 ) FROM a reading of the abovesaid Section it is clear that if the president fails to call for the meeting as provided under Section 47 (2) of the Act, the vice-president or 1/3 rd of the whole number of councillors as provided under Section 47 (3) of the Act, can direct the chief officer to call for the meeting to consider the motion of no confidence moved against the petitioner. In the case on hand Annexure-A is the notice given by 1/3rd of the total number of the members of the municipal council to the president on 4-9-1997. Annexure-C is another notice given by 1/3 of the members of the council to the chief officer of the municipal council dated 19-9- 1997. As per sub-section (2) of Section 47 of the Act, the president has got the power to call for the meeting. Annexure-C is another notice given by 1/3 of the members of the council to the chief officer of the municipal council dated 19-9- 1997. As per sub-section (2) of Section 47 of the Act, the president has got the power to call for the meeting. Under sub-section (3) of Section 47 of the Act, if the president fails to call for the meeting the vice- president or 1/3 of the whole number of councillors may call such meeting requiring the chief officer to give notice to the councillors and to take such action as may be necessary. In annexure-b, it is not stated that as per the orders, either of the vice-president or 1/3rd of the whole number of councillors called for the meeting fixing the date of meeting as 18-10-1997. If that is the case, the notice issued by the chief officer on his own without therebeing orders or directions as provided under sub-section (3) of Section 47 of the act is illegal. In the said view of the matter, writ petition is liable to be allowed. ( 4 ) ACCORDINGLY, writ petition is allowed. The notice dated 7-10-1997 (Annexure-B) issued by the 1st respondent is quashed. However, this order will not come in the way of the members of the municipal council to move a fresh motion of no confidence as per the act and the rules. --- *** --- .