City and qualified elector filed action against county board of elections for writ of prohibition preventing board from placing petitions for recall of mayor and six city councilmembers on special-primary election ballot and writ of mandamus ordering board to grant city’s and elector’s protests against recall petitions.
Recall petitioners intervened as respondents.
The Supreme Court held that:
- City charter did not foreclose recall as method of removing elected officials from office, and
- City’s home-rule charter did not incorporate statute permitting removal of elected officials via recall petition, and, thus, mayor and councilmembers could not be removed through recall petition.