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

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