Chhangani, J.—This is a special appeal against the judgment and order dated 24.4.61 of Bhargava, J. sitting single whereby he allowed the writ application of respondents No. 1 to 5, set aside the proceedings of the Panchayat Jaisinghdesar (Magra) dated 4.1.1961 and quashed the co-option of the appellants No. 1 to 3 and issued a mandate to the Collector, Bikaner to appoint an officer to convene a special meeting for the co-option of the Panchas as required by proviso under sub-sec. 9(2) of the Rajasthan Panchayat Act.

2. The facts necessary and relevant for the disposal of the present appeal are simple and fall within a narrow compass. Elections for Gram Panchayat Jaisinghdesar (Magra) were held on 8.12.1960. Respondent No. 7 Harbhaj was elected Sarpanch. Respondents No. 1 to 5 and Shri Shivlal, Shri Goverdhan and Shri Anopsingh, who were opposite parties in the writ application, but no longer parties to the present appeal, in all eight persons, were elected as panchas. The total strength of the Gram Panchayat is 12 and three more Panchas, two women and one another, were required to be co-opted under sec. 9(1) of the Rajasthan Panchayat Act (hereinafter called the Act). The Sarpanch

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