PREM PRAKASH Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) This petition involves a challenge to the order dated 18.5.92 passed by the Government for suspension of the petitioner, who was at the relevant time holding office of the Member, Municipal Board, Srimadhopur and for quashing of the show cause notice dated 12.5.92, first information report No. 63/92 dated 26.4.92 and for some incidental directions for allowing the petitioner to participate in the meetings of Municipal Board, Srimadhopur as its Member.

(2.) Although pleadings of the party are very elaborate, I do not consider it necessary to make a detailed reference to all these pleadings because in my opinion question relating to the validity of petition can be decided in the light of provisions contained in Sec. 63(4) read with Sec. 250 of the Municipalities Act, 1959 and for this purpose factual controversy lies in a very narrow compass.

(3.) The petitioner has claimed that he is a resident of Ward No. 11 of Srimadhopur Municipality. He belongs to Scheduled Caste and as a Member of that category, he was elected to the Municipal Board, Srimadhopur as a nominee of Congress-I party. The Chairman of the Municipal Board Shri Salig Ram Choudhary had contested election as a nominee of the Bhartiya Janta Party and according to the petitioner, as is on the national scene, two parties are at loggerheads in the Municipal Board also. The petitioner claims that he has made several complaints against the undemocratic functioning of the Chairman.