JAGAT NARAYAN, J.—This is a petition under A.226 of the Constitution challenging the validity of the election of the members of the Municipal Board Rajgarh at the general election held on 16.1.61. The petition has been contested by the elected members and the other respondents.

2. The main ground taken in the petition is that the election was vitiated on account of noncompliance of the mandatory provision contained in sec. 23 of the Rajasthan Municipalities Act 1959 (hereinafter referred to as the Act), the relevant portion of which runs as follows: —

".... .... .... .... .... there shall be general election ... ... ... to a board, before the expiry the powers of theterm ... ... ... on such date or dates as the State Government may by notification in the official Gazette, appoint in that behalf."

Under the powers conferred on the State Government under sec. 29 of the Act the Rajasthan Municipalities Election Order 1960 was issued to make provision for holding elections under the Act. Clause 4 (2) of this Order lays down that upon the receipt of information about the expiry of the term of office of a Board or suo motu the State Government or any other authority to whom powers under sec

Click Here to Read the rest of this document