ROSHANLAL ARORA Vs. GAURI SHANKER

JUDGEMENT

(1.) THESE are three appeals by Roshanlal Arora and 13 others from the decision of a learned Single Judge of this Court dated the 1st of Dec. ,1959 allowing the three writ petitions of Udaram, Gauri Shanker and Keshrichand and setting aside the election of the 24 elected members of Ganganagar Municipal Board and the nomination of two nominated members and further directing the State to hold a fresh general election as early as possible in accordance with law. As all the three appeals arise out of the same judgment and as they raise common questions for determination, they are being dealt with together.

(2.) UDARAM, Gaurishanker and Keshrichand filed three writ petitions No. 269, 295 and 302 of 1959 on the 1st, 8th and 19th of August, 1959 respectively, alleging inter alia that the provision of sec. 10 of the Rajasthan Town Municipalities Act, 1951 (Act No. XXIII of 1951, hereinafter referred to as the Act) is mandatory and that as no notification was published by the Government or the Collector under sec. 10 of the Act fixing the number of members of the Municipal Board, and delimiting wards, the elections of 24 members held in the year 1959 and nominations of two members by the Government were invalid.

(3.) THE third argument of the learned counsel is also devoid of force for the reason that under the circumstances of this case, the elections held in the year 1959 cannot be regarded to be in accordance with law, when they were held in disregard of the mandatory provisions of sec. 10 of the Act. It is very unfortunate that the entire elections have to be declared invalid; but as the matter stands, there is no escape from that conclusion.