Ranawat, J.—This is an application under Article 226 of the Constitution of India by Jaiwant Rao and 13 others against the State of Rajasthan, the Collector of Kotah, the City Magistrate of Kotah and 34 others for an appropriate writ, order or direction (1) declaring that the Kotah Municipality was not properly constituted inasmuch as the wards constituted by the Collector for the purpose of elections were not proper and the elections held on the 26th of July, 1959 on the basis of those wards were illegal and void ab initio; and (2) directing non-petitioners no. 4 to 36 to quit the office of the members of the Municipal Council of Kotah Municipality; and (3) further directing the State of Rajasthan by a writ of mandamus to constitute the Kotah Municipality in accordance with law.

2. The application came up for hearing before one of us sitting singly and as some important points of law were raised in course of the arguments, the case was referred to Honble the Chief Justice for constituting a larger Bench and has thus come before us.

3. The petitioners did not implead the Municipal Council, Kotah as one of the parties to the writ petition in the first instance and they, therefore, mov

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