JAGAT NARAYAN, J. —This is a petition under Art.226 of the Constitution by an elector of Karanpur Municipality challenging the validity of the general elections and the right of the Chairman and members of the Board of functioning as such.

2. The general election to the Board took place on 29-3-64 and respondents Nos. 3 to 14 were declared as duly elected. On 14-4-64 a meeting of the elected members took place for co-opting two members. The meeting was presided over by the Collectors nominee Shri Sardar Singh S.D.O. (Revenue) Karanpur. Respondents Nos. 15 and 16 were co-opted at the meeting as members of the Board.

3. On 7th April, 1964 the Collector of Ganganagar had nominated Shri Sardar Singh as the Returning Officer under the Rajasthan Municipalities (Election of Chairman, Vice-chairman, President and Vice-President Rules, 1959 by an order (annexure 17) which runs as follows:—

"In exercise of powers conferred upon me under sub-clause 11 of clause 2 of Rajasthan Municipal (Election of Chairman) Rules, 1959 read with sec. 65 of Rajasthan Municipalities Act 1959, I, H.M. Mathur, Collector Ganganagar do hereby appoint Sub-Divisional Magistrate Karanpur as Returning Officer for conven ing and presiding over the meeting of members of Municipal Board Karanpur for election of Chairman of the said Municipal Board on 29-4-64 at 11.00 a.m.

Sd/- H.M. Mathur

Collector."

4. He omitted to authorise Shri Sardar Singh to administer oath of office to the members under sec. 61 of the Rajasthan Municipalities Act 1959, which runs as follows:—

"61. Oath of office—(1) Every member shall, before entering upon his duties as such make and subscribe before the Collector or his nominee for the purpose an oath or affirmation in the prescribed form.

(2) Any member who fails to comply with the provisions of sub-sec. (1) within a period of three months from the date of the first meeting of the board shall be deemed to have vacated his seat."

5. On 28-4-64 Shri Sardar Singh called all the elected and co-opted members at the office of the Karanpur Municipality and administered oath of office to them.

6. After administering oath he wrote the following letter (annexure) to the Collector, asking him to ratify his act of administering oath on his behalf:—

"Office of the Returning officer

Municipal Elections, Shri Karanpur

No. Elec/246

D/- 28-4-64

To

The Collector,

Shri Ganganagar.

Sub: —Oath of office under clause 60 of Municipal Election Order 1960.

The elected and co-opted members of Municipal Board Sri Karanpur were adminis tered oath today before starting proceedings for the election of Chairman.

I have performed the duties on your behalf and it be regularised. Without administering oath proceeding could have been questioned.

D/- 28-4-64.

Returning Officer

(S.D.M.)

Municipal Election,

Sri Karanpur."

7. On 8th May 1964 the Collector passed the following order (annexure 18):—

"Office of the Collector, Ganganagar.

OFFICE ORDER

In exercise of the powers conferred upon me by the Government under the Rajasthan Municipalities Election Order, 1960 vide clause 60, I, H.M. Mathur, Collector Ganganagar do hereby appoint Shri Sardar Singh, Sub-Divisional Officer (Rev.) Karanpur as my nominee from the date 28-4-64 to take oath of allegiance from the elected and co-opted members of Municipal Board, Sri Karanpur.

(H.M. Mathur)

Collector, Ganganagar.

No. DEV/CG/1727

Dated the 8th May, 1964.

Copy forwarded to Shri Sardar Singh, Sub-Divisional Officer (Rev.) Karanpur for information. He will please ensure that compliance has been made by him fulfilling the conditions of the clause 60 of the Rajasthan Municipalities Election Order 1960. This is in response to his letter No. Elec/246 dated 28-4-64.

Collector, Ganganagar."

8. The case of the petitioner is that the oath administered by Shri Sardar Singh, to the members on 28-4-64 without the authority of the Collector was invalid and could not be validated by any subsequent order of the Collector purporting to confer authority on Shri Sardar Singh retrospectivel

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