NARAIN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application by Narain Singh under Art. 226 of the Constitution of India, and arises in the following circumstances: -

(2.) NARAIN Singh was an elected member of the Municipal Board of Kotah. His case is that the Municipal Board was working under the provisions of the U. P. Municipalities Act, as adapted to the former State of Kotah, and he continued to perform his duties as member of that Municipal Board till September, 1952. He goes on to say that for certain reasons, into the details of which we do not think it necessary to enter for present purposes, there has been misunderstanding between the Municipal Board of Kotah and the Government of Rajasthan. It is alleged that the Government of Rajasthan superseded the Municipal Board of Kotah by an order dated the 9th of September, 1952, which was published in the Rajasthan Gazette of 27th September, 1952. The present application was made on the 25th of September, 1952, two days before the publication of the order, as the order reached the Municipal Board of Kotah some time before it was actually published in the Gazette. The main contention on behalf of the applicant is that the order is not in accordance with sec. 203 of the Rajasthan Town Municipalities Act (No. XXIII of 1951), and as such is invalid, and has no force and effect. Therefore, the Municipal Board of Kotah does not stand superseded by that order, and Shri Sunderlal Gour, who has taken over as administrator by virtue of another notification of the same date, has no authority to work as Administrator of the Board.