D.L.Mehta, J. - (1.) By this writ petition filed under Article 226 of the Constitution the petitioner has prayed that a writ of auo warranto or any other appropriate writ order or direction, may be issued and the second respondent may be ousted from the office of the Member Municipal Board. Ladnu.
(2.) A few facts leading to filing of this writ petition are briefly as under:-- Respondent 3, the Collector, Nagpur. appointed the Sub-Divisional Officer deedwana as Returning Officer for co-option of one woman member to the vacancy which had occurred in the office of Municipal Board on July 18, 1983. By the same order, the Sub-Divisional Officer was directed to issue a notice to the members of the Municipal Board of a period not less than 7 days before the date of election and to get the notices served on all members and then take proceedings as per law. The Collector. Nagaur (respondent 3) annexed a list of members of the Municipal Board to this order. That list did not contain the name of Smt. Dilbahar. Thereafter, respondent 2 proceeded to issue a notice calling upon the members of the Municipal Board Ladnu to coopt one woman member to fill in the vacancy which had occurred in the office of Co-opted member and. as per the notice, the meeting was to be held on July 18, 1983 at 8 A. M. in the office of the Municipal Board. Ladnu. By this very notice, the programme of the election was also notified. Nominations were required to be filed by 3 P. M. of July 16, 1983. The date for scrutiny of nomination papers was fixed as July 17, 1983, the date for withdrawal was fixed to be prior to the beginning of the counting and the polling was to take place on July 18, 1983 between 2 and 3 P. M. The notice (Annexure-3) was sent to all the members of the Municipal Board, except Smt. Dilbahar, Smt. Dilbahar thereupon made an application to the Returning Officer reauest-ing him to give a notice of the meeting to her so that she may participate in the election. The Returning Officer vide his letter dt. July 17, 1983 informed Smt. Dilbahar that as her name is not included in the list of members received by him the notice of election was not sent to her.
(3.) Smt. Dilbahar proceeded to file a suit in the Court of Munsif. Ladnu The plaint was accompanied by an application under Order 39. Rules 1 and 2 and Section 151 C.P.C. praying that respondents be restrained from holding the meeting of the Municipal Board. Ladnu on July 18, 1983 for filling the vacancy aforesaid by co-option. On this application, the learned Munsif proceeded to issue a notice to show cause. This notice was taken for service upon respondent 2 and also on respondent 3. It has been alleged that notice (Annexure-5) was submitted to respondent 1 at 2.45 P. M. on July 18, 1983 and a request was made that the notice may be accepted but the Returning Officer declined to accept the notices. The elections were conducted on July 1st, 1983 and Smt. Sundari (respondent 2) was declared elected. However, Smt. Dilbahar was not allowed to at end the aforesaid meeting. Hence, the petitioner has filed this writ petition.;