SUKH PAL Vs. RAJASTHAN REVENUE BOARD JAIPUR

JUDGEMENT

(1.) In this petition the validity of the Notification. No. F. 1 (2) Rev./50, dated 14-61951, is challenged.

(2.) His Highness the Rajpramukh promulgated an Ordinance to provide for the protection of tenants from ejectment from their holdings on. 21-6-1949, as the Rajasthan (Protection of Tenants) Ordinance 1949 (Ordinance No. 9 of 1949), in exercise of the power conferred upon His Highness the Rajpramukh by para. (3) of Article 10 of the Covenant by which the State of Rajasthan was formed. In Subsection (3) of Section 1 of the Ordinance it was laid down that the Ordinance

(3.) The Notification does not say that it had been issued in exercise of the power given by Sub-section (3) of Section 1 of the Ordinance, In fact, Sub- section (3) of Section 1 does not purport to grant any power to the Raj Pramukh. That subsection declares, in the first place, the period for which the Ordinance shall remain in force, and by way of caution mentions that the period may be extended by the Rajpramukh. But the extension, if any, by the Rajpramukh would only be possible, if there was any authority in the Rajpramukh at the time the extension was to be made. On the date, when the Notification of 14-6-1951, was made the Constitution was in force; but the Legislative Assembly, which was the only House provided for Rajasthan, had not been constituted. Under Article 385, therefore, the same authority, which functioned as the legislative authority prior to the, Constitution, continued to exercise legislative powers, and under Article 10 of the Covenant, the Rajpramukh was vested with legislative powers.