Wanchoo, C.J.—This is an application under Art. 226 of the Constitution by Amrooram who is Chairman of the Municipal Board, Shri Dungargarh, for a writ, direction or order in connection with an order passed by the State of Rajas-than on the 6th of September, 1956, with respect to the term of the Municipal Board.

2. The facts, on which this application is based, are these—

General election to the Municipal Board took place on the 8th of September, 1953, and the Returning Officer declared the result of the election on that date. But the oath of office was administered to the applicant and other members of the Board on the 12th of December, 1953, by the Sub-divisional Magistrate, Ratangarh, and it is from that date that the Board began to function. The applicants case is that the Board is entitled to function up to the 11th of December, 1956, for a period of three years under sec. 15 of the Rajasthan Town Municipalities Act (No. XXIII) of 1951, read with rule 45 of the Rajasthan Town Municipal Election Rules, 1951. The Government of Rajasthan, however, by its notification dated 6th of September, 1956, took the view that the term of the members of the Municipal Board expired on the 8th o

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