PRABHU DAYAL SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was suspended from the post of Chairman/vice Chairman/member Municipal Board Dausa on the allegation that number of his children exceeded and he acquired dis-qualification under Section 26 of the Rajasthan Municipalities Act, 1959 (in short, "1959 Act") vide order dated Jan. 8, 2002. As a consequence thereof another order came to be passed on January 8, 2002 whereby Smt. Biban Bano was directed to take charge of the post of Chairman, Municipal Board Dausa. THE petitioner in the instant writ petition seeks to quash the aforequoted orders.

(2.) ACCORDING to the facts averred in the writ petition the elections of Municipal Board Dausa were held on August 20, 2000. The petitioner contested the election from Ward No. 10 and was declared elected. Thereafter, the petitioner was elected as Vice Chairman of the Municipal Board Dausa. The election of the petitioner from Ward No. 10 was challenged by one Laxmi Narain by filing election petition under Section 34 of the 1959 Act. The main ground of challenge of the election of the petitioner was that the petitioner was having more than three living children as such he was ineligible to contest the election of Member Municipal Board Dausa.

(3.) IT was further averred in the reply that Smt. Biban Bano had already taken the charge from the petitioner of the post of Chair person Municipal Board Dausa on 8. 1. 2002. IT was submitted that since proceedings under Sec. 63 of 1959 Act was pending against the petitioner and the same has been ordered to be sent to the Joint Legal Remembrancer for Judicial enquiry on 16. 1. 2002, the petitioner's contention is absolutely wrong that no enquiry is pending against him under Sec. 63 of the 1959 Act.