Struhm v. City Council

This is an action in mandamus. Petitions signed by more than the required number of electors of the City of Berkeley were filed by the city clerk on August 3, 1964, calling for a special election to recall three named school directors. One of these resigned, but the other two have not. Opposing candidates have filed nomination papers, and the next general election will not be held until April 6, 1965. The city council contends that the recall provisions of the city charter are inoperable and refuses to call a special election. We have concluded that the council is legally obliged to do so.

We…