Wanchoo, C.J. - (1.) This is an application by Khot alias K. G. Lakhani under Article 226 of the Constitution of India praying that a writ in the nature of 'quo warranto', or such other order as may be appropriate, be issued against the Rajasthan State and 13 others, calling upon them to show cause by what authority opposite parties Nos. 2 to 14 claim to act as convener and members of an 'ad hoc' committee exercising the powers of President and members respectively of the Municipal Board, Jodhpur, and forbidding them from so acting, it they are unable to show such authority.
(2.) The facts, which have led to this application, may be briefly narrated. There is a Municipal Board established for the City of Jodhpur under the Jodhpur Municipal Act, 1943. This Municipal Board has been constituted under Section 7 of the Act of 1943 as a body corporate having perpetual succession and a common seal and the power of acquiring, holding and transferring property, movable or immovable & of contracting. The Board was in existence up to the 13th of May, 1950. On that date an order was passed under Section 9, Subsection (2) of the Act of 1943, which was published in the Rajasthan Gazette of the 20th of May 1950, in the following terms: "In pursuance of Sub-section (2) of Section 9 of the Jodhpur Municipal Act, 1943, it is hereby notified for general information that the Government have been pleased to terminate the term of the office of the present members of the Jodhpur Municipality with effect from the date of the publication of this notification in the Rajasthan Raj-Patra. It is further notified for general information that Government have been pleased to direct that fresh elections for the reconstitution of the Jodhpur Municipal Board be held within three months and that during this period the Collector, Jodhpur, be appointed as Administrator of the Municipal Board, Jodhpur, under Section 233 of the Jodhpur Municipal Act, 1943 for the execution of the duties of the said Board."
(3.) It appears that the elections could not be held within three months, and we are told that the term of office of the Collector as Administrator was extended from time to time, though there seems to have been no notification to this effect.;