Wanchoo, C.J.—This is an application by Shamsuddin under Art. 226 of the Constitution of India for the issue of a writ in the nature of mandamus or prohibition or certiorari to the State of Rajasthan.

2. The facts, which have led to this application,; are not in dispute. The applicant, Shamsuddin, was elected as a member of the Nagaur Municipal Board on the 10th of September, 1949, and his election was notified in the Rajasthan Raj Patra dated 21st December, 1949. The applicant worked as a member of the Board till January, 1951. Thereafter, it appears that he had to go to Bombay and stay there for a long time in connection with his business. He, therefore, sent his resignation from -the membership of the Board by post from Bombay to the Collector of Nagaur on the 8th of June, 1951, and this was received by the Collector on the 12th of June, 1951. Shortly afterwards, the applicant found that he would not have to stay longer in Bombay. Therefore, on the 23rd of June, 1951, he sentt a telegram to the Collector of Nagaur withdrawing his resignation which he had dispatched on the 8th of June, 1951. He also sent a letter on the 25th of June, 1951, confirming his telegram and withdraw-ing

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