Becker v. Council of the City of Albany

Petitioners instituted this proceeding in mandamus to compel the City Council of the City of Albany to call a special election for the recall of three elective members of the board of education and one member of the city council serving ex officio as the fifth member of said board. The fourth elective member of the board is not involved. The sufficiency of the recall petition is not challenged, either as to its form or the number or qualification of the signers; but the council refuses to call the election upon the ground that members of the board of education are not subject to recall. The…