BHANWARLAL Vs. STATE

JUDGEMENT

(1.) The instant writ petition has been filed for quashing the impugned order dated 12-12-2000 by which the petitioner has been replaced by another nominated member in Municipal Board, Mt. Abu.

(2.) The facts and circumstances giving rise to this case are that the petitioner was nominated by the State Government in exercise of its powers under Section 9 of the Rajasthan Municipalities Act, 1959 (for short 'the Act') as a member of the Municipality Board , Mt. Abu vide order dated 16-11-2000 (Annexure-1) along with one Shri Parmanand. The said Government order was published in the Official Gazette on 25-11-2000 (Annexure-2). However, vide order dated 12-12-2000 (Annexure 3), Mohd. Yusuf Khan, respondent No.4 shown to have been nominated in place of the petitioner and that Government order stood notified in the Official Gazette on 13-12-2000 (Annexure-R/1). Hence, this petition.

(3.) Shri S.D. Vyas, learned counsel for the petitioner has submitted that as the Act provides for a particular procedure for removal of its member by holding an inquiry for misconduct, the respondent could not have removed the petitioner so unceremoniously. Petitioner's removal has been made in flagrant violation of principles of natural Justice as no opportunity of hearing was given to him nor any charges have been framed as required under Section 63 of the Act.