JAGAT NARAYAN, J.—This is a writ petition under Art. 226 of the Constitution by two electors of the Nokha Municipality challenging the validity of the general election held on 13.11.61 to elect a new Board. The petition was contested on behalf of the Collector, the Returning Officer and respondents Nos.5, 6, 8, 9, 10, 11 and 12 who were elected as members of the Municipality at the said election.

2. A notice Ex.A under sec. 23 of the Rajasthan Municipalities Act 1959 (hereinafter) referred to as the Act) and under clause 4(2) of the Rajasthan Municipalities Election Order 1960 (hereinafter referred to as the Election Order) was issued by the Collector on September 25, 1961 and published in the Rajasthan Gazette Extraordinary dated 27th September 1961 appointing November 13, 1961 as the date on which the general elections to the Municipal Board Nokha were to be held.

3. Earlier on 21.9.61 the Collector passed an order Ex. A4 appointing Shri Raghuraj Singh S.D.O. (South) Bikaner as Returning Officer for conducting general elections of the Municipal Board Nokha in exercise of the powers under clause 5 of the Election Order.

4. On September 26, Shri Raghuraj Singh issued a programme Ex. C as follows:—

"Election programme for general election of the Municipal Board Nokha Date & time Place

1. Publication of Draft Electoral Rolls. 26.9.61 Notice Board at M. B. Nokha & Office of R.O.

2. Last date for receiving claims and objections. 12.10.61

11-00 A.M. Office of the R. O.

3. Last date for disposal of claims and objections. 13.10.61 Office of the R.O.

4. Final publication of electoral rolls with amendments. 14.10.61 Notice Board at M. B. Nokha and Office of R. O.

5. Public notice for inviting nominations. 14.10.61 Notice Board at M. B. Nokha and

6. Date upto which nominations will be received. 23.10.61 11.00 A.M. Office of the R. O.

7. Publication of notice for nomination papers received. 23.10.61

3.00 P.M. Office of the R. O.

8. Scrutiny of nomination papers. 24.10.61

11.00 A.M. Office of the M.B. Nokha

9. Publication of list of validly nominated candidates, allotment of symbols. 24.10.61

5.00 A.M. Office of the M.B. Nokha

10. Last date for withdrawal of candidature. 28.10.61 11.00 A.M. Office of the M.B. Nokha

11. Publication of list of contesting candidates. 28.10.61

3.00 P.M. Office of the M.B. Nokha

12. Date of poll, if necessary. 13.11.61

8.00 P.M.to 4.00 P.M.

13. Counting of votes and declaration of results. 14.11.61 Government Higher Secondary School, Nokha."

5. On 28.6.61 the Collector issued another order Ex. B appointing Shri Raghuraj Singh S.D.O. (South) Bikaner as Returning Officer for the preparation of electoral rolls under sec. 20 of the Act and for conducting the general elections under clause 5 of the Election Order.

6. The draft electoral rolls were published under the authority of Shri Raghuraj Singh on 26.9.61 in accordance with the programme Ex. C. By that time no order appointing him as Returning Officer for the preparation of the electoral rolls had been passed. The first contention on behalf of the petitioners is that as the draft rolls were published by a person without authority to do so the entire election is rendered null and void. I am unable to accept this contention. The publication of the draft rolls is no doubt a statutory act, but it is merely ministerial in nature. Although on 26.9.61 when the draft rolls were published the Collector had not passed any order in writing appointing Shri Raghuraj Singh as the Returning Officer for preparation of the electoral rolls under sec. 20 he was duly appointed as such by order dated 28.9.61. This irregular act in publishing the draft rolls on 26.9.61 was regularised when the order of his appointment was passed on 28.9.61. It may be mentioned here that it is the general practice in Rajasthan to appoint the same person as Returning Officer under sec. 20 of the Act as well as under clause 5 of the Election Order. When the Collector passed his order on 23.9.61 appointing Shri Raghuraj Singh

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