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1965 Supreme(Raj) 101

DAVE, KAN SINGH
Suresh Chandra – Appellant
Versus
Birdi Chand – Respondent


Advocates Appeared:
M.M. Tiwari, for Appellants (and for respondent Suresh Chandra in D. B. Special Appeal No, 33 of 1964); J.S. Rastogi, for Respondents; S.N. Gurtu, for State

DAVE, C.J.—These are two connected appeals and are both directed against the judgment of a learned single Judge of this Court dated 10th August, 1964 by which, on a writ petition under Art. 226 of the Constitution by 13 electors of Kotputli Municipality, the learned Judge set aside the elections and co-options of the members of Kotputli municipality who were elected or co-opted as a result of the general election held in 1964. D.B. Special Appeal 21 of 1964 is by Suresh Chandra and others, whose election or co-option was set aside and appeal No. 38 of 1964 is by the State of Rajasthan, the Collector and the Returning Officer. They can conveniently be disposed of together.

2. The sole ground on which the learned Judge held the election to be void was that the notification issued by the Government, dated 26th November, 1965 for inviting objections against the proposed delimitation of the wards did not conform to the mandatory requirements of sec. 14(2) of the Rajasthan Municipalities Act, 1959 (hereinafter to be referred to as the Act, inasmuch as at least one month was not given to the electors to file their objections against the draft delimitation order. The learned Judge in taking



















































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