Dave, J.—This is a writ application by Shri Deo Dutt Sharma under Article 226 of the Constitution of India.

2. It is common ground between the parties that the petitioner was elected as a member of the Municipal Committee, Ajmer, under sec. 7 and 8 of the Ajmer-Merwara Municipalities Regulation, VI of 1925. The said municipal committee consisted of 32 elected members arid it began to function from 10th February, 1957. The elected Chairman of this Committee was one Shri Jwala Prasad but he tendered his resignation, and after its acceptance, the petitioner was elected to the office of chairman. A few members of the committee elected Shri P. C. Jain also as the chairman but his election was set aside by a decision of this Court in writ Petition No. 1 of 1959 decided on 24.4.59. The petitioner-then took charge of the office 6f chairman on 25.5.59. Thereafter, the Ajmer-Merwara Municipalities Regulation VI of 1925 was repealed by the Rajasthan Municipalities Act No. 38 of 1959, which will hereinafter be called as the Act, and the old municipal committee,Ajmer, started functioning as Municipal Council for the city of Ajmer under the new Act, from 17.10.59. On 30th October, 1959, the State

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