BALMUKAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE circumstances giving rise to this writ petition are as follows : Petitioner Balmukand was elected as a member of the Municipal Board, Raisinghnagar. By a notice dated 24th November, 1971 (Ex. 1) the petitioner was called upon by the State Government to show cause why he should not be removed from the membership of the Board for accepting the order of the Board to do the printing job in his press and to receive payments to the extent of Rs. 333/- from the Board for completing that job. Along with this notice the Government of Rajasthan also issued an order (Ex. 2 suspending the petitioner from the membership of the Board. This order of suspension was issued by the Government in the exercise of its power under sec. 63 (4) of the Rajasthan Municipalities Act, 1959. THEse two orders have been challenged by the petitioner, inter alia, on the ground that unless a limit under proviso (d) (v) of sec. 26 of the Act for getting the occasional payments from the Board by a member in his regular trade is fixed, the petitioner cannot be said to have incurred any disqualification under clause (xii) of sec , and, therefore, it is prayed that orders Ex. 1 and Ex 2 issued by the State Government be quashed and a direction be issued to the respondent No. 2 to fix the limit of the amount under proviso (d (v) of sec. 26 with the sanction of the State Government and till then the respondent No. 1 be restrained from proceeding with the enquiry alleged to have been started against the petitioner under the provisions of sec. 63 of the Act.

(2.) NO reply has been filed on behalf of the State Government and the Municipal Board, Raisinghnagar who are respondents in this 'case. Learned Deputy Government Advocate, who has put in his appearance on behalf of the State Government, has however, submitted that he has no instructions from the Government to oppose this writ petition,