JAGAT NARAYAN, J.—This is a writ petition under Art.226 of the Constitution challenging the validity of the elections to the Sangaria Municipality. The petition was contested on behalf of the Collector, Ganganagar, the Returning Officer, and four of the elected members.

2. The main ground taken in the petition was that no notification appointing the date of election was published in the Gazette as required under sec. 23 of the Rajasthan Municipalities Act, 1959 (hereinafter referred to as the Act). At the hearing it was pointed out by the respondents that a notification under sec. 23 was issued by the Collector, Ganganagar, on 29th of March, 1961 and was published in the Official Gazette dated 6th of April, 1961. The learned counsel for the petitioners then contended that the election was vitiated by the non-compliance of clause (5) of the Rajasthan Municipalities Election Order, 1960 (hereinafter referred to as the Election Order).

3. Before dealings with this matter, it is necessary to state a few facts. After the coming into force of the Art of 1959, the Director of Local Bodies addressed a general letter to all Collectors drawing their attention to the provisions of sec. 13 under

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