MT KRISHNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application by Shrimati Krishna and Deepa Ram under Art. 226 of the Constitution against the State of Rajasthan, Chairman, District Board, Bikaner, and the Vice-Chairman and members of the Executive Committee of the Board.

(2.) THE case of the applicants is that elections to the District Board» Bikaner, consisting of 20 elected members were held on the 16th of August, 1956. THEreafter the Board was constituted and a Chairman was elected. On the 10th of April, 1957 a meeting of the Board was called. In that meeting, two members were to be co-opted under sec. 7 of the Rajasthan Dist. Boards Act, 1954 (hereinafter called the Act) and elections of the Senior Vice-Chairman and Jr. Vice-Chairman and the member of the Executive Committee were to be held. THE meeting duly took place on the 10th of April, 1937 and two members were first co-opted, viz. Shrimati Krishna and one Pooranram. THEreafter the Board proceeded to elect the Senior Vice-Chairman, the Junior Vice-Chairman and the members of the Executive Committee. THE grievance of the applicants is that it was not right for the Board to carry on the elections of the Senior Vice-Chairman, the Junior Vice-Chairman and the members of the Executive Committee after two members had been co-opted and that the meeting should have been postponed, and a fresh meeting called for these elections to enable these two co-opted members to exercise their vote as they became members of the Board from the very minute they were co-opted. In addition to this, the apli-cants also challenge the continuance of Shri Ramdayal as a member of the Board on the ground that Deshnoke, from where he was elected, was declared a municipality on the 25th of October, 1956 after the elections to the District Board had taken place.