MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution by an elector of Karanpur Municipality challenging the validity of the general elections and the right of the Chairman and members of the Board of functioning as such.

(2.) THE general election to the Board took place on 29-3-64 and respondents Nos. 3 to 14 were declared as duly elected. On 14-4-64 a meeting of the elected members took place for co-opting two members. THE meeting was presided over by the Collector's nominee Shri Sardar Singh S. D. O. (Revenue) Karanpur. Respondents Nos. 15 and 16 were co-opted at the meeting as members of the Board.

(3.) ON behalf of the contesting respondent no reliance was placed on the allegation of Shri Sardar Singh that he administered oath on the oral authority of the Collector. But it was strenuously contended that the act of administering oath is a ministerial act and it could be ratified by the Collector subsequently as no prejudice was caused to any one thereby. A reference was made to the decision in Shanker Lal vs. Collector Ganganagar (l) in which it was held that the act of appointing a returning officer under clause 5 of the Rajasthan Municipalities Election Order, 1960 is a ministerial act and an appointment made before the publication of the notification under sec. 23 will acquire validity as soon as the notification is pulished. The decision in Bhagwan Dass vs. Collector Bikaner (2) was also referred to. In that case draft electoral rolls were published by an officer before he was actually appointed as Returning Officer. It was held that the publication of the draft rolls was a ministerial act and the irregular act of the officer in publishing the draft rolls before his appointment as Returniag Officer was regularised when he was subsequently so appointed.