NIRMALA DEVI Vs. ELECTION TRIBUNAL

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution by Smt. Nirmala Devi and Smt. Mariam against an order of the Civil Judge, Hanumangarh, acting as a tribunal under sec. 40 of the Rajasthan Municipalities Act, holding that their co-option under sec. 9 (5) of the Act can be challenged by means of an election petition filed under sec. 34. It has been contested on behalf of respondent Salauddin Khan.

(2.) UNDER sec. 9 the board consists of such number of seats as may be fixed by the State Government. The Municipality is divided into a number of wards as provided under sec. 13 and elections are held wardwise. After the seats have been so filled by election some numbers are co-opted in certain contingencies as provided under sec 9 (5) which runs as follows : - "9. Composition of Boards - (5) To every board there shall be appointed by co-option in the manner provided for by order published in the official Gazette: - (i) two persons belonging to the female sex if no such person has been returned to the board by election referred to in subsection (4), (ii) one person belonging to the female sex if only one such person has been returned to the board by such election, and such co-opted person or persons being treated for all purposes of this Act as elected member or members of the board, and the number of seats fixed for that period under sub-sec. (1) being or deemed to be increased accordingly. "