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1957 Supreme(Raj) 45

MODI, WANCHOO
Milakhraj – Appellant
Versus
Jagdish Chandra – Respondent


Advocates Appeared:
M.M. Vyas, for petitioner; Sumerchand Bhandari, for non-petitioner No. 14; L.N. Chhangani, Government Advocate

Wanchoo, C.J.—This is an application under Art. 226 of the Constitution by Milakhraj for a writ of quo warranto in connection with the election of the Municipal Board, Karanpur.

2. The applicant is a resident of Karanpur and is a voter. The applicants contention is that the election to the Municipal Board of Karanpur held in 1955 and in April, 1956, was illegal for the following reasons:

(1) The limits of the Karanpur Municipality were denned by the former Bikaner Government by notification in 1930. In September 1954, however, the Government of Rajasthan decided to alter the limits, an i published a notification of its intention to do so, but no steps were taken, as required by sec. 7 of the Rajasthan Town Municipalities Act (No. XXIII of 1951) to cause a copy of the notification to be posted in conspicuous places in the area affected. Consequently it was urged that the subsequent notification of December, 1954, altering the limits was not valid.

(2) The election was held ward-wise, but as this was against the policy of the Government, which was later conveyed to the Collectors, the whole election was invalid as the whole area of the municipal limits of Karanpur should have been treat


















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