SALAUDDIN KHAN Vs. NIRMALA DEVI

JUDGEMENT

(1.) WE have before us an appeal under sec. 18 of the Rajasthan High Court Ordinance, which is directed against the judgment of a learned Single Judge of this Court dated 27. 1. 65 by which the learned Judge allowed a writ petition under Art. 226 of the Constitution, presented by respondents Smt. Nirmala Devi and Smt. Mariam, and quashed an order of the Civil Judge, Hanumangarh, dated 21. 1. 64, by which the learned Civil Judge had held that the appellant Salauddin Khan was entitled to challenge the co-option of respondents Smt. Nirmala Devi and Smt. Mariam to the Municipal Board of Nohar.

(2.) ELECTION to the Municipal Board Nohar took place on 31. 12. 63, and the appellant Salauddin Khan was elected as a member from Ward No. 10. In accordance with sec. 9 (5) of the Rajasthan Municipalities Act, 1959, hereinafter to be referred as the "act", respondents Smt. Nirmala Devi and Smt. Mariam were co-opeted as members of the Board at a meeting of the elected members of the Board held on 14. 1. 64. Aggrieved of the co-option, the appellant filed an election petition before the Civil Judge, Hanumangarh on 21. 1. 64, under sec. 40 of the Act. The respondents raised a preliminary objection that no election petition could lie to challenge the co-option of members under sec. 34 of the Act. The learned Civil Judge repelled this plea and came to the conclusion that an election petition under sec. 34 of the Act could lie even against a co-opted member.