MODI, J.—By this writ application under Art. 226 of the Constitution, the petitioners who are voters in the municipality of the town of Mukandgarh, District Jhunjhunu, seek to challenge the general election last held for this municipality on the 23rd December, 1958, under the Rajasthan Town Municipalities Act, 1951, (Act No. XXIII of 1951) (hereinafter called the Act).

2. It is common ground that the petitioners were among the candidates who offered their candidature for the impugned election. Respondents Nos. 2 to 9 are members of this municipal board having been declared successful at this election. Respondent No. 1 is the Returning Officer, who conducted the election, while respondent No. 10 is the municipal board Mukandgarh. The petitioners have taken up a large number of grounds in their writ application which according to them vitiated this election; but it is necessary to mention only those which were debated at the bar of this Court, the rest having been given up. These grounds may be summarised as follows: First, the Returning Officer acted illegally in entrusting the preparation of the voters list to the municipal board and in doing so he contravened rule 6 of the Rajastha

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