JAIWANT RAO Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1960-8-35
HIGH COURT OF RAJASTHAN
Decided on
August 17,1960
JAIWANT RAO
Appellant
VERSUS
STATE OF RAJASTHAN
Respondents
Referred Judgements :-
WOLVERHAMPTON NEW WATER WORKS CO. V. HAWKESFORD [REFERRED TO]KING (ROYCROFT) V. JUSTICE OF SCHULL [REFERRED TO]
ATTORNEY GENERAL OF TRINIDAD AND TOBAGO V. GORDON GRANT FIND CO. [REFERRED TO]
NEVILLE V. LONDON EXPRESS NEWSPAPER LTD. [REFERRED TO]
PREMSUKH V. BHANWARLAL [REFERRED TO]
MALCHAND V. STATE OF RAJASTHAN [REFERRED TO]
ALI HUSAIN V. LACHMI NARAIN [REFERRED TO]
SHATRUSHALSING V. NOOR MAHAMMAD [REFERRED TO]
MONTREAL STREET RAILWAY CO. V. NORMANDIN [REFERRED TO]
KALICHARAN SHARMA V. CHIEF PANCHAYAT OFFICER,JAIPUR [REFERRED TO]
KIRORI LAL V. CHIEF PANCHAYAT OFFICER,RAJASTHAN [REFERRED TO]
UDARAM V. STATE OF RAJASTHAN [REFERRED TO]
PRITHVI RAJ V. THE STATE [REFERRED TO]
SAHLOT BROTHERS V. THE STATE OF RAJASTHAN [REFERRED TO]
AJUDHIA PERSHAD RAM PERSHAD V. SHAM SUNDER [REFERRED TO]
KULDIP DAS V. EMPEROR [REFERRED TO]
SASHI BHUSAN V. BHUNESHWAR RAI [REFERRED TO]
SUBBARAYUDU V. STATE [REFERRED TO]
FIRM BALMUKUND HARIKISHAN V. UNION OF INDIA [REFERRED TO]
BHIKKABHAI NANABHAI V. CHIMANLAL MAGANLAL [REFERRED TO]
KHODADAT BIBI V. KAMALA RANJAN [REFERRED TO]
RADHA KISHEN V. BOMBAY COMPANY LTD. [REFERRED TO]
SECRETARY OF STATE V. MASK AND CO. [REFERRED TO]
HIFZURRAHEMAN ANSARSAHEB V. HASANSAHEB ABANSAHEB [REFERRED TO]
VISHWANATH V. THE STATE [REFERRED TO]
RATNA SABHAPATHI RAO V. STATE OF MADRAS [REFERRED TO]
BISWANATH KHEMKA V. EMPEROR [REFERRED TO]
KOTAYYA V. STATE OF ANDHRA [REFERRED TO]
SHIAM SUNDER V. STATE OF PUNJAB [REFERRED TO]
NAZIR AHMED V. KING EMPEROR [REFERRED TO]
LACHHMANSINGH V. STATE OF PUNJAB [REFERRED TO]
N P PONNUSWAMI THE UNION OF INDIA AND STATE OF MADHYA BHARAT VS. RETURNING OFFICER NAMAKKAL CONSTITUENCY NAMAKKAL SALEM DIST :RETURNING OFFICER NAMAKKAL CONSTITUENCY NAMAKKAL SALEM DIST [REFERRED TO]
DATTATRAYA MORESHWAR VS. STATE OF BOMBAY [REFERRED TO]
RAJNARAIN SINGH VS. CHAIRMAN PATNA ADMINISTRATION COMMITTEE PATNA [REFERRED TO]
HARI VISHNU KAMATH VS. AHMAD ISHAQUE [REFERRED TO]
CHIEF COMMISSIONER OF AJMER VS. RADHEY SHYAM DANI [REFERRED TO]
STATE OF UTTAR PRADESH MANBODHAN LAL SRIVASTAVA VS. MANBODHAN LAL SRIVAITAVA:STATE OF UTTAR PRADESH [REFERRED TO]
N T VELUSWAMI THEVAR VS. G RAJA NAINAR [REFERRED TO]
GANGA SAHAI VS. BHARAT BHAN [REFERRED TO]
INDIAN SUGAR MILLS ASSOCIATION VS. SECY TO GOVERNMENT UTTAR PRADESH LABOUR DEPARTMENT [REFERRED TO]
SHYAMAPADA GANGULY VS. ABANI MOHAN MUKHERJEE [REFERRED TO]
AJIT KUMAR SEN VS. STATE OF WEST BENGAL [REFERRED TO]
NARAYAN CHANDRA MUKHERJEE VS. DISTRICT MAGISTRATE HOOGHLY [REFERRED TO]
DHARANIDHAR MANDAL VS. STATE OF WEST BENGAL [REFERRED TO]
SURENDRA MOHAN PATNAIK VS. GOPAL CHANDRA PATNAIK [REFERRED TO]
HARIPRASAD KHADAKSINGH VS. STATE OF MADHYA PRADESH [REFERRED TO]
AJOY KUMAR JAGADEV MOHAPATRA VS. SAILA BEHARI CHOWDHURY [REFERRED TO]
K C NAMBIAR VS. STATE OF MADRAS [REFERRED TO]
SHANMUGAVELU PILLAI VS. KARUPANNASWAMI PILLAI [REFERRED TO]
UDHAVJI ANANDJI LADHA VS. BAPUDAS RAMDAS DARBAR [REFERRED TO]
BHAIRULAL CHUNILAL VS. STATE OF BOMBAY [REFERRED TO]
TEKCHAND VS. BANWARILAL [REFERRED TO]
MILAKHRAJ VS. JAGDISH CHANDRA [REFERRED TO]
HIRDAY NARAYAN SINGH VS. JANG BAHADUR SINGH [REFERRED TO]
QURABALI VS. GOVERNMENT OF RAJASTHAN [REFERRED TO]
DAULAT RAM VS. STATE OF RAJASTHAN [REFERRED TO]
PARMESHWAR MAHASETH VS. STATE OF BIHAR [REFERRED TO]
Cited Judgements :-
ATMA SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-1966-9-1] [REFERRED TO]DEWA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-1983-9-7] [REFERRED TO]
MARIYAM VS. GULAM MOHAMMED [LAWS(RAJ)-1984-5-7] [REFERRED TO]
RADHA BALLABH HALDIYA VS. PUSHALAL AGARWAL [LAWS(RAJ)-1984-5-30] [REFERRED TO]
RAM KRISHAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-1963-11-16] [REFERRED TO]
RAM CHANDRA SWAMI VS. STATE OF RAJASTHAN [LAWS(RAJ)-1993-4-46] [REFERRED TO]
JUDGEMENT
Ranawat, J. -
(1.)This is an application under Article 226 of the Constitution of India by Jaiwant Rao and 13 others against the State of Rajasthan, the Collector of Kotah, the City Magistrate of Kotah and 34 others for an appropriate writ, order or direction (1) declaring that the Kotah Municipality was not properly constituted inasmuch as the wards constituted by the Collector for the purpose of election were not proper and the elections held on the 26th of July, 1959 on the basis of those wards were illegal and void ab initio and (2) directing non-petitioners Nos. 4 to 36 to quit the office of the members of the Municipal Council of Kotah Municipality; and (3) further directing the State of Rajasthan by a writ of Mandamus to constitute the Kotah Municipality in accordance with law.
(2.)The application came up for hearing before one of us sitting singly and as some important points of law were raised in course of the arguments, the case was referred to Hon'ble the Chief Justice for constituting a larger Bench and has thus come before us.
(3.)The petitioners did not implead the Municipal Council, Kotah as one of the parties to the writ petition in the first instance and they, therefore, moved an application on the 14th of December, 1959 for adding the Municipal Council, Kotah also as one of the non-petitioners. The application was allowed and the Municipal Council was added as non-petitioner No. 37.
;
(2.)The application came up for hearing before one of us sitting singly and as some important points of law were raised in course of the arguments, the case was referred to Hon'ble the Chief Justice for constituting a larger Bench and has thus come before us.
(3.)The petitioners did not implead the Municipal Council, Kotah as one of the parties to the writ petition in the first instance and they, therefore, moved an application on the 14th of December, 1959 for adding the Municipal Council, Kotah also as one of the non-petitioners. The application was allowed and the Municipal Council was added as non-petitioner No. 37.
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