GHASI RAM Vs. COLLECTOR TONK

JUDGEMENT

(1.) THIS is a petition by one Ghasiram under Art. 226 of the Constitution against the Collector of Tonk, the State of Rajasthan and the members of the Municipal Board Toda Rai Singh in the district of Tonk who were elected at the elections held on 9. 8. 55. Fresh elections to the Municipal Board were held on 18. 7. 59 in which Ghasiram petitioner, Heeralal, Manoharlal, Chauthmal and Madanlal, who were not members of the previous Board were elected and Bajranglal, Hasankhan Nagori and Mohanlal Bakliwal were re-elected. On the orders of this Court Heeralal, Manoharlal. Chauthmal and Madanlal were also joined as respondents.

(2.) THE petition was initially not contested either by the Collector and the State of Rajasthan or by the members of the previous Board. But by order dated 23. 2. 60 this Court directed the Assistant Government Advocate to put in his appearance on behalf of the State. A reply was thereafter filed on behalf of the Collector and the State of Rajasthan contesting the petition.

(3.) THE contention on behalf of the petitioner in this respect is that the term of a Board can only be extended under the Rajasthan Municipal Boards (Extension of Terms) Act, 1952 where delay is likely to be caused in the final preparation of electoral rolls and the term of the Board expires before the elections are held. Reliance was placed on the preamble to the Act and on the observations made in Arjun Singh vs. Teek Chand (1 ). THE' preamble runs as follows - "whereas delay is likely to be caused in the final preparation of electoral rolls for the purpose of elections to the various Municipal Boards in Rajasthan constituted or deemed to be constituted under the Rajasthan Town Municipalities Act, 1951; And whereas the terms of some of such boards have already expired or are likely to expire before the electoral rolls for the purpose of elections thereto are finally prepared; And whereas in such circumstances it is expedient to provide for the extension of the terms of such Municipal Boards;" Section 2 of this Act runs: - "extension of terms of Municipal Board: - Notwithstanding anything contained in section 15 of the Rajasthan Town Municipalities Act,. 1951, or in any law repealed by Section 2 of the said Act, and notwithstanding the expiry of the term of any Municipal Board to which this Act applies, the State Government may by notification in this Act in the Rajasthan Gazette from time to time extend for the purpose of this Act the term of any such board, so as to take effect retrospectively, for such date as may be specified in the notification. "