JAGAT NARAYAN, J.—This is a petition by an elected member of Municipal Board, Bhadra,challenging the validity of the co-option proceedings which took place on 1 l.6.64.The petition was filed on 11.1.64 and an application was made to stay the co-option proceedings. That stay application was rejected and the petitioner was asked to amend his petition after the co-option so as to challenge the co-option after impleading co-opted members. No one has appeared to contest this petition.

2. The general election to the Municipality took place on 30.12.63. As no lady member had been elected two ladies were to be co-opted under sec. 9(5) of the Rajasthan Municipalities Act and a notice for holding co-option proceedings on 14.1.64 was issued by the Vikas Adhikari of the Panchayat Samiti, Nohar. It was issued on 4.1.64. The petitioner has alleged that it was served on him on 8.11.64. The first ground is that the co-option proceedings were vitiated as the notice was not served on him seven clear days before the meeting. Rule 3(1) of the Rajasthan Municipalities (Appointment of Members/Councillors by Co-option) Order, 1959, runs as follows :—

"Soon after the election of members of a Municipal Board

Click Here to Read the rest of this document