INDER KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition filed by Inder Kumar under Art. 226 of the Constitution arises out of the following circumstances : Petitioner was elected as a member of the Municipal Board, Nohar, in October, 1970. According to the allegations made by the petitioner, he belonged to the opposition camp and that the motion of no confidence had been tabled against the Chairman was likely to be taken up for consideration of the House. But before this the tenor of the petition shows that a notice was issued by the Director of Local Bodies that the petitioner absented himself in the meetings of the Board held on 13th January 1971, 29th January, 1971, 16th February 1971, 24th February, 1971 and 6th March 1971, and as such he had incurred a disqualification to continue as a member of the Board under the provisions of sec. 63 (l) (a) of the Rajasthan Municipalities Act, 1959 (hereinafter called the Act ). The petitioner filed a reply to the notice issued to him by the Director wherein he raised two main objections viz (1) that even if it is admitted that he did not attend the meetings on the dates as shown in the notice, he cannot be said to have remained absent for more than three consecutive months, and (2) that the notice of the last meeting which is said to have been held on 6th of March, 1971, was received by the petitioner along with his other six colleagues on that very day and, therefore, in the absence of a valid notice, he cannot be treated as absent in a meeting held on 6th of March, 1971. After receiving this reply, the Director passed an order Annexure 2 on 3td of Dec. 1971 removing the petitioner from the membership of the Board under the provisions of sec. 63 (l) (a) of the Act. THIS order of the Director has been challenged by the petitioner, inter alia, on the ground that sec. 63 (1) (a) of the Act has not been properly construed by the Director while issuing the impugned order and in the absence of any valid notice to attend the meeting of the Board alleged to have been held on 6th March, 1971, he cannot be deemed to be absent from that meeting. In these circumstances, it is prayed that the order passed by the Director of Local Bodies (Annexure 2) be quashed.

(2.) NO reply has been filed by any of the respondents. The Municipal Board, NOhar, has also been made a party to this petition but the Board has not cared to file a reply though the Board is duly represented by a counsel Mr. R. C. Maheshwari.