VISHWA NATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a writ petition filed by a citizen of Mandrela town, Tehsil Chirawa. District Jhunihunu of Rajasthan State. The State of Rajasthan. vide notification D/- the 2nd May, 1976 established the Municipal Board Mandrela which included the area of revenue vil lage of Mandrela and which earlier was a Panchayat. The population of Mand rela town as per 1980 year census is 9,299 and it is said to be having urban oriented complex as there are Government hospitals, private medical elinics. higher secondary and middle schools including primary and adult education centre, private schools, branches of Bank, of Baroda, post offices, telephone ex change office. Junior, Engineer, State ; Electricity Board and water supply offices, etc.

(2.) On 26th June; 1981. a notification was issued under Section 6 (1) of Rajasthan Municipalities Act, 1959 (hereinafter referred to as 'the Municipalities Act') by the State Government expressing its intention t0 convert the Municipality of Mandrela town into a Panchavat. The residents of Mandrela town objected to it and the petitioner also filed the objections. The case of the petitioner, here, is that no inquiry was conducted and objections were not considered objectively.

(3.) On 1st July. 1982. another notification was issued, which has been published in the Rajasthan Extraordinary Gazette (Part 6K) on 3rd July. 1982. under Section 4 of the Municipalities Act convertina the Mandrela Municipality into a Panchayat. This conversion of Mandrela Municipality into Panchayat has been challenged by the petitioner precisely on the ground that no notification has been issued under the Rajasthan Panchavat Act. 1953 and, therefore, a valid Panchavat cannot come into existence.