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 which the municipality was to be divided into as many wards as the number of general seats and asking them to appoint Returning Officers for such municipalities, the terms of which were to expire within the next six months, and to direct them to send proposals for the delimitation of wards by 30th April, 1960. It may be mentioned here that municipalities functioning under the Rajasthan Town Municipalities Act, 1951 had multi-member wards. On receipt of the above letter, an office note was put up before the Collector of Ganganagar recommending that the Sub-Divisional Magistrate, Hanumangarh may be appointed Returning Officer for Sangaria Municipality. The Collector approved the proposal on 30th April, 1960 and the following office order was thereupon issued: —

"I, B.P. Sood, Collector, Ganganagar, do hereby nominate the Sub-Divisional Magistrate Hanumangarh as my nominee under Rule 20 of the Rajasthan Municipalities (Appointment of Members/Councillors by co-option) Order 1959 and Rule 2 (11) of the Rajasthan Municipalities (Election of chairman, Vice-chairman, President, Vice President) Rules, 1959, for the preparation of Electoral Rolls, Co-option of two lady members and conducting the elections of Chairman and Vice-Chairman Municipal Board, Sangaria. Please chalk out an election programme and proceed further according to rules.

Sd/- B.P. Sood,

Collector Ganganagar,

Dated 4.5.60"

4. Under the above order, the Sub-Divisional Magistrate, Hanumangarh submitted proposal for the delimitation of the constituencies to Government and acted as Returning Officer both under sec 20 of the Act and under clause (5) of the Election Order. The mother of the Sub-Divisional Magistrate fell ill and he proceeded on leave on 16th March, 1961. Later on, she expired and a proposal was put up by the office to appoint some other officer as Returning Officer for conducting the elections for this Municipality. On this proposal the Collector passed the following order on 19th March, 1961 —

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19&3

on 19th March, 1961, Sub-Divisional Magistrate, Hanumangarh in his capacity as Returning Officer, Sangaria Municipality moved the Collector to postpone the date of election. On this the date of election was postponed from 24th April, 1961 to 15th May, 1961 by the Collector.

5. Shri Achal Singh, who was working as Sub-Divisional Magistrate, Hanumangarh, was transferred before the date fixed for holding the election, and Shri K. L. Pareekh was appointed as Returning Officer, Sangaria Municipality by the Collector on 13th May, 1961 under the following order—

"Consequent upon the transfer of the SubDivisional Magistrate, Hanumangarh. who was appointed as a Returning Officer, for c

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