JHAMAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition by an elected member of Municipal Board, Bhadra, challenging the validity of the co-option proceedings which took place on 14-1-64. The petition was illed on 11-1-04 and an application was made to stay the co-option proceedings. That stay application was rejected and the petitioner was asked to amend his petition after the co-option so as to challenge the co-option after impleading the co-opted members. No one has appeared to contest this petition.

(2.) THE general election to the Municipality took place on 30-12-63, As no lady member had been elected two ladies were to be co-opted under Section 9 (5) of the Rajasthan Municipalities Act and a notice for holding co-option proceedings on 14-1-64 was issued by the Vikas Adhikari of the Panchayat Samiti, Nohar. It was issued on 4-1-64. The petitioner has alleged that it was served on him on 8-1-64. The first ground is that the co-option proceedings were vitiated as the notice was not served on him seven clear days before the meeting. Rule 3 (1) of the rajasthan Municipalities (Appointment of Members Councillors by Co-option)Order, 1959, runs as follows:-

(3.) THE expression "clear days" is defined in Rule 2 (2) as follows :