VIMLA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS application has been made for quashing a notification dated 6th February 1958 and also for prohibiting the respondents from removing the petitioners, who are nominated members of the Municipal Board, Dausa until the term of the Board expires.

(2.) THE Municipal Board of Dausa consists of twelve members as determined by the Government under sec. 10 of the Rajasthan Town Municipalities Act, 1951 (Act No. XXIII of 1951, hereinafter called the Act ). Of these twelve members, ten were to be elected and two nominated. A fresh election of the Municipal Board, Dausa was held on the' expiry of its term in January 1956 and the results of the election were declared on the 29th of January 1956. THE Government issued a notification on the 8th of October, 1956 which was published in the Rajasthan Rajpatra on the 18th of October 1956, nominating these petitioners as members of the Municipal Board. THEy accordingly took oath of allegiance under R. 45 of the relevant Rules and started functioning as members of the Municipal Board from the 22nd of November 1956. Long after this period, it appears that on the 6th of February 1958, the State of Rajasthan issued a fresh notification whereby it cancelled the nomination of the petitioners to the Municipal Board, Dausa, and in their place nominated respondents Smt. Mohini Devi and Bhoma Chamar as members of the Municipal Board. THE petitioners are aggrieved by this notification and challenge the notification on the ground that they, having been already nominated as members of the Board, there was no power in the Government under sec. 9 of the Act to make any fresh nominations its power to nominate having been exhausted.