SOHANLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution by one Sohanlal an elected member of Municipal Board Shri Doongargarh from ward No. 3 against the co-option of Smt. Dakhan and Smt. Jyani respondents Nos. 4 and 5 under sec. 9 of the Rajasthan Municipalities Act, 1959. The petition has been contested on behalf of the respondents.

(2.) THE facts which have given rice to this petition are these. Yamuna Prasad, respondent No. 3, was elected as a member of the Municipal Board Shri Doongargarh in 1959. He was also elected as the Chairman of the Board. During the term of his office an inquiry was held against him under sec. 63 (1) of the Act and he was suspended pending inquiry under sec. 63 (4) read with sec. 65 (10 ). Before a final order was passed by the Government under sec. 63 (3) fresh elections to the Board took place on 30-12-63 and Yamuna Prasad was re-elected as a member of Board. On the expiry of the term of the previous Board the new Board began to function and Yamuna Prasad started function as a member of the new Board. On 14-1-64 co-option proceedings took place and he took part in them. THE main contention of the petitioner is that Yamuna Prasad was not entitled to take part in the co-option proceedings as because of the order of suspension against him he was not entitled to take part in any proceedings of the Board to perform any duty of the Board thereof and the co-option proceedings were vitiated because he was allowed to participate in them.