Gerth

This is a petition for a writ of mandate to compel respondent, Clerk of the City ■ of Los Angeles, to count in favor of a recall the names of certain electors signed to recall petitions. The parties have stipulated to the facts, and questions of law alone are presented.

Under the provisions of the School Code, the board of education of the city of Los Angeles is the governing body of three school districts, the boundaries of which extend beyond the city. The Los Angeles City School District, for elementary schools, includes the city and several other municipalities, together with some unincorporated territory. The Los Angeles City High School District includes all of the territory of the elementary school district, and additional incorporated cities and unincorporated territory. The Los Angeles City Junior College District has the same boundaries as the high school district, and these are about twice the size of the city itself. It is further provided in the School Code that any such annexed territory shall be deemed a part of the city for the purpose of holding a general municipal election at which any member of the board of education is to be elected (sec. 2.471); that the…