Jagat Narayan, J. —This is a petition under Art. 226 of the Constitution challenging the validity of the election of respondents Nos. 2 to 9 as members of the Municipal Board Bissau at the, last general election held on 21.8.59 under the Rajasthan Town Municipalities Act, 1951 ( hereinafter referred to as the Act) and the Rajasthan Town Municipal Election Rules, 1951, ( hereinafter referred to as the Rules ). Petitioner No. 1 is a defeated candidate and petitioners Nos. 2 to 3 are voters. The petition was contested by successful candidates respondents Nos. 2 to 9. The Returning Officer was joined as respondent No. 1 and notice was served on him. He did not however either file a reply or put in appearance.

2. The S.D.O. Jhunjhunu was appointed Returning Officer by the Collector of Jhunjhunu and he conducted the election in accordance with the following programme published in the Rajasthan Gazette dated 23.4.59 :—

1. Preparation of voters list by the Returning Officer under Rule 6(1) ... ... ... 18.4.59

2. Publication of voters list under Rule 7 ... ... ... 20.4.59

3. Last date for filing claims and objections under Rule 9 ... ... ... 20.5.59

4. Claims and objections to be decided under Rule 10 by ... ... ... 4.6.59

5. Last date for filing appeals under Rule 10 (7) ... ... ... 15.6.59

6. Appeals to be decided by ... ... ... 17.6.59

7. Final publication of electoral roll under Rule 11 ... ... ... 15.7.59

8. Publication of notice under Rule 14 ... ... ... 20.7.59

9. Date fixed for election ... ... ... 21.8.59

The election was contested by two groups of candidates. The successful candidates respondents Nos. 2 to 9 were backed by the Congress party. The other group of candidates which was defeated included Mall Ram petitioner No. 1 and Durgadatt Harit the former chairman of Bissau Municipal Board.

3. On 17.5.59 one Sagarmal Misra President of Mandal Congress Party, Bissau presented an application (Ex. 2) before the Returning Officer at Jhunjhunu in which he alleged that the names of persons a list of whose names he had filed had been deliberately left out from the voters list and prayed that they may be included. Along with this application he filed a list of 1543 persons. On this application the Returning Officer sent his election clerk to Bissau to verify the list and submit a report to him by 19.5.59 (Ex. R. 2). At the same time he directed the Secretary of Bissau Municipal Board to assist the election clerk in the verification.

4. The election clerk reached Bissau on 18.5.59 and met one Shri Nathoolal Vaid whom he described in his report Ex. 6 as a man of Sagarmal Misra. Nathoo Lal Vaid gave three of his men to the election clerk. Two municipal clerks were provided to him presumably by the Secretary who had been directed by the Returning Officer to assist the election clerk. These clerks had assisted in the preparation of electoral roll. The election clerk formed three parties. One party consisted of himself and a man of Nathoo Lal. The other two parties consisted of a municipal clerk and a man of Nathoo Lal each. The party consisting of the election clerk verified the voters list of wards Nos. 5 and 6 which were mostly populated by Mohammedans. The election clerk thought it proper to verify the voters of these wards personally as Shri Nathoo Lal Vaid had complained to him that the names of Mohammedans were left out from the voters list. The other two parties were entrusted with the verification of the voters of wards Nos. 1 to 4 and wards Nos. 7 and 8 respectively. Each party carried a list of persons alleged to have been left out from the voters list. The election clerk directed the members of the other two parties to make a tick mark against the names of persons who may be present and a cross-mark against the names of persons who may not be present.

5. The election clerk found as a result of the enquiries made by him in wards Nos. 5 and 6 that--

(1) Most of the persons of these two wards resided outside Bissau in connection with business a

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