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

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