CHATURBHUJ Vs. STATE

JUDGEMENT

(1.) THIS application ha3 been presented by three of the members of the Municipal Board, Merta, for a writ of certiorari quashing the order of the Director of Local Bodies dated the 8th of April, 1959 and also for a writ of' prohibition against Shri Umed Nath, Chairman of the Municipal Board from functioning as such.

(2.) THE order in question was passed by the Director of Local Bodies purporting to act under sec. 207 of the Rajasthan Town Municipalities Act, 1951 (Act No. XXIII of 1951) by virtue of the powers delegated to him by the Government under the Act in question. THE complaint before the officer was that the chairman was disabled from continuing to be a member of the Municipal Board and that his seat should be deemed to have become vacant because he was professionally interested on behalf of his client and as such his action fell within the mischief of sec. 12 (3) (b) (ii) of this Act.