Modi, J.

( 1 ) THIS is a writ application by Deodutt Sharma under Article 226 of the Constitution, and arises out of an election dispute relating to the office of chairman of the Ajmer Municipal Committee. The petitioner claims to be the duly elected chairman of this committee. The respondent No. 1 Zahoor Ah-med Zaid is the Senior Vice Chairman. The respondent No. 5 Pratapchand Jain also claims to have been duly elected to the office of the Chairman of this Committee and is at present functioning as such. The respondent No. 4 is the Municipal Committee, Ajmer and respondents Nos. 2 and 3 are the Government of Rajasthan and the Collector, Ajmer. It appears that there are factions in this Committee, which are more or less evenly balanced, and these factions have been in existence for some time.

( 2 ) IN order to appreciate the controversy which has been raised before us, it is necessary to narrate a few material facts. A casual vacancy arose for the chairmanship of the Ajmer Municipal Committee on the 18th October, 1958, when the resignation of Jwalaprasad, the outgoing Chairman, was accepted. A meeting was scheduled to be held both for considering the resignation of Jwalap