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1956 Supreme(Raj) 196

DAVE, WANCHOO
Vishwanath – Appellant
Versus
State – Respondent


Advocates Appeared:
B.B. Desai, for Petitioners; C.M. Lodha, for Non-Petitioners

Wanchoo, C.J.—This is an application by Vishawanath and Mahavir Prasad under Art.226 of the Constitution for a writ, direction or order in the nature of quo warranto. The State of Rajasthan, the Secretary to the Government Local Self Government Department, and Director of Local Bodies have been made parties to it along with Sheo Bhagwan and Chuniram whose membership of the Municipal Board of Bhadra (hereinafter called the Board) in district Ganganagar is being challenged.

2. The applicants case is this. Elections to the Board took place in April, 1955, and the applicants as well as Sheo Bhagwan were elected. Later in June, 1955, Chuniram was nominated a member of the Board by Government. The names of the members of the Board were duly published. In July, 1955, election to the office of the chairman of the Board was held, and one Jhamanlal was duly elected as chairman. There was an election petition with respect to this election of the chairman, and therefore the Government did not publish the name of the chairman in the gazette till the 20th of March, 1956; but the fact of the election of the chairman was well-known and meetings of the Board were duly held from August, 1955. These m






















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