RAM KRISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution by two electors of the Lachhmangarh Municipality. The petition was originally filed on 9-5-61 for a direction to the Returning Officer and the Collector not to hold the election of the Municipal Board fixed for 14-5-61 without rectifying the fundamental defects pointed out in the petition. One of the defects pointed out by the petitioners was that no notice under section 23 of the Rajasthan Municipalities Act, 1959 (hereinafter referred to as the Act) had been published. An interim order was passed on 11-5-61 by this Court restraining the Collector and the Returning Officer from holding the election until a notification fixing the date of election as contemplated by section 23 was published in the Rajasthan Gazette.

(2.) A notification under section 23 was published on 11-5-61. The election was then held on 14-5-61. The petitioners were thereafter permitted to amend the petition. The elected and co-opted members were impleaded as respondents and their election and co-option have been challenged on account of certain fundamental defects. The petition was contested on behalf of the elected and adopted members.

(3.) The first ground taken by the petitioners is that the election and co-option are vitiated on account of the non-compliance of the mandatory provisions contained in section 14(2) and (3).