- (1.) THIS is an application under Article 226 of the Constitution by Mijakhraj. . for a writ of quo warranto in connection with the election of the Municipal Board of karanpur.
(2.) THE applicant is a resident of Karanpur and is a voter. The applicant's contention is that the election to the Municipal Board of Karanpur held in 1955 and in April, 1956, was illegal for the following reasons : 1. The limits of the Karanpur Municipality were defined by the former Bikaner Government by notification in 1930. In September 1954, however, the Government of Rajasthan decided to alter the limits, and published a notification of its intention to do so, but no steps were taken, as required by Section 7 of the Rajasthan Town Municipalities Act (No. XXIII) of 1951, to cause a copy of the notification to be posted in conspicuous places in the area affected. Consequently it was urged that the subsequent notification of December, 1954, altering the limits was not valid. 2. The election was held ward-wise, but as this was against the policy of the Government, which was later conveyed to the Collectors, the whole election was invalid as the whole area oe the municipal limits of karanpur should have been treated as one ward returning multiple members.
(3.) THE notice given for conducting the election, Which was to be held on the 26th April, 1956, was against the provisions of Rule 14 of the rajasthan Town Municipalities Election Rules, and, thersl'ore, the election, which was held on the 26th April, 1956, for Ward No. 3 was, in any case, invalid. 3. The application has been opposed on behalf of the opposite parties, and the nature of their opposition would appear from what we shall say with reference to the three points raised on behalf of the applicant.;