VISHWANATH Vs. PT JHAMANLAL

JUDGEMENT

(1.) THIS is an application under Art. 226 of the Constitution by Vishwanath and five others praying that the election of Pt. Jhamanlal opposite party No. 1, as Chairman of the Municipal Board, Bhadra, be Set aside.

(2.) THE case of the applicants is this. THE applicants are members of the Municipal Board of Bhadra. A meeting of the members of the Board was called for the purpose of electing a chairman on the 25th of July 1955. THE notice of this meeting specify the date, place and time was issued by the Sub-Divisional Magistrate, Nohar. It is said that before this meeting, oath of office was administered to the newly elected members order Rule 45 of the Rajasthan Town Municipal Election Rules, 1951 on the 25th of July 1945 at 11 a. m THEreafter, all the members met at 4 p. m. on the 25th of July 1955 to elect the Chairman. THE applicants' case is that they objected both at 11 a. m. and at 4 p. m. against the meeting being held that day for the purpose of electing the chairman on the ground that the District Magistrate had not called it as required by law, but their objection was not heard. THEreafter, one of the applicants was set up as a candidate for election as chairman, but his nomination paper was rejected on the ground that it had not been filed two days before, as rcquired by rule 5 of the Town Municipal Boards Chairman Election Rules, 1951. THEreafter, Pt. Jhamanlal, opposite party No. I was elected Chairman. THE applicants challenged the validity of ejection under rule 14, but their application was dismissed. THEn followed the present petition.