JAGAT NARAYAN, J.—This is a petition under Art. 226 of the Constitution by two electors of the Lachhmangarh Municipality. The petition was originally filed on 9.5.61 for a direction to the Returning Officer and the Collector not to hold the election of the Municipal Board fixed for 14.5.61 without rectifying the fundamental defects pointed out in the petition. One of the defects pointed out by the petitioners was that no notice under sec. 23 of the Rajasthan Municipalities Act, 1959 (hereinafter referred to as the Act) had been published. An interim order was passed on 11.5.61 by this Court restraining the Collector and the Returning Officer from holding the election until a notification fixing the date of election as contemplated by sec. 23 was published in the Rajasthan Gazette.

2. A notification under sec. 23 was published on 11.5.61. The election was then held on 14.5.61. The petitioners were thereafter permitted to amend the petition. The elected and co-opted members were impleaded as respondents and their election and co-option have been challenged on account of certain fundamental defects. The petition was contested on behalf of the elected and co-opted members.

3. The first ground taken by the petitioners is that the election and co-option are vitiated on account of the non-compliance of the mandatory provisions contained in sec. 14(2) and (3).

4. Sec 13(1) provide that a municipality shall be divided into as many wards as there are general seats fixed for the board under sec. 9(2). Sec. 13(2) lays down that the representation of each ward shall be on the basis of population of that ward and shall, as far as possible, be in the same proportion as the total number of seats for the municipality bear to its population. Sec. 14 runs as follows :—

"Delimitation order.—(1) The State Government shall by order determine—

(a) the wards in which each municipality shall be divided for purpose of elections to the board;

(b) the extent of each ward; and

(c) the number of seats, if any, reserved for members of the scheduled castes or scheduled tribes, as the case may be, in any ward.

(2) The draft of the order under subsec. (1) shall be published for filing objections thereto within a period of not less than one month and a copy of the same shall be sent to the board concerned for comments.

(3) The State Government shall consider any objection and the comments received under sub-sec. (2) and the draft order shall, if necessary, be amended, altered or modified accordingly, and thereupon it shall become final."

5. The draft of the order under sec. 14(1) was published in the Rajasthan Gazette dated 10.6.60 and objections were invited by the following notification:–

^^t;iqj] ebZ 20] 1960**

la[;k ,Q- 1¼98½ ,y-,l-th-A 60&tSlk fd jktLFkku E;qfuflisfyVht ,DV] 1959 ¼,DV la- 38 lu~ 1959½ dh /kkjk 14 dh mi /kkjk ¼2½ }kjk visf{kr gS] jkT; ljdkj mä /kkjk dh mi /kkjk ¼1½ ds v/khu tks vkKk ikfjr djus dk fopkj j[krh gS mldk fuEufyf[kr izk:i] jktdh; xtV esa mlh izdkku dh rkjh[k ls ,d eghus dh vof/k ds Hkhrj mä vkKk ds fo"k; esa] vkifÙk;k¡ nk;j fd;s tkus ds gsrq ,rn~}kjk izdkfkr fd;k tkrk gSA

jkT; ljdkj mi;qZä vof/k dh lekfIr ds iwoZ fdlh Hkh O;fä ls izkIr gqbZ vkifÙk ij fopkj djsxhA ,slh vkifÙk;k¡ fyf[kr :i esa lEcfU/kr dyDVj ds tfj;s jkT; ljdkj dks Hksth tkuh pkfg;sA

6. This notification was not in accordance with sec. 14(2) inasmuch as clear one months time was not given for filing objections. The notification required objections to be filed within one month of the date of its publication whereas sec. 14(2) provides that a period of "not less than one month" shall be given for filing objections.

7. A number of electors of the Municipality including one Vanktesh Pareek filed an objection before the Collector on 11.7.60 at 9-30 A. M. That objection was not considered by the State Government on the ground that it had been filed beyond the time fixed in the notification issued under sec. 14(2) inviting objections. This fact appears from the relevant file of the Gove

Click Here to Read the rest of this document