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1966 Supreme(Raj) 203

BHANDARI, CHHANGANI, BERI
Atma Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Marudhar Mridul, for Petitioners; M.M. Vyas, Govt. Advocate; Chand Mal Lodha, for Non-petitioners Nos. 16 and 30; Guman Mal Lodha, for Applicant Hiralal Intervenor

BHANDARI, J.—The following four questions have been referred by a Division Bench of this Court to a larger Bench—

(1) Whether R, 2 of the Rules made by the Collector, Ganganagar under sec. 22 of the Rajasthan Municipalities Act, 1959, lays down the requirement that draft electoral rolls along with the notices must, inter alia, be placed at the office of the municipality concerned and at two conspicuous places in each ward therein under cls. (a) and (b) of the said rule, or, this provision relates only to the publication of the notice?

(2) If the answer to the above question is in favour of the petitioners, whether the want of publication of the draft electoral rolls in strict conformity with the aforesaid rules amounts to a defect of a fundamental nature in the process preliminary to the election, and if so, whether such a defect would, by itself, be sufficient to vitiate the election in a writ petition?

(3) Whether Anop Chands case correctly lays down the law in so far as it confined the operation of the decision of the Supreme Court in Radhey Shyams case to that class of cases only where there may be no rules as regards the revision of the electoral rolls, or its principle would equ









































































































































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