SITA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for parties.

(2.) The case of learned counsel for the petitioner is that the order impugned by the petitioner was signed and issued by the State Government on 24-10-2000 and after this date, on 25-10-2000, a meeting of Municipal Board was held. As required by law under Section 61, the nominated members were required to take oath within three months. The respondent Nos. 4 and 5 have taken oath on 27-1-2000, which is a date after passing of three months from the date of first meeting, therefore, they have ceased to be the members.

(3.) Learned counsel for the respondents have submitted that the order nominating was passed on 24-10-2000. It was published in Official Gazette on 30-10-2000 and oath was taken on 27-1-2001 which is within three months from the date of nomination.