YOGENDRA NANDWANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in the present bunch of petitions bearing numbers 2613/2005. 2091/2005 and 2372/2005 is to the vires and constitutional validity of Section 26 (ib) of Rajasthan Municipalities Act, 1959, (hereinafter referred to as 'The Act" of 1959) as inserted by Rajasthan Act No. 22 of 2000 in Rajasthan Municipalities Act, 1959. Provisions contained in Section 26 (ib) of the Act of 1959 reproduced below have been challenged on the ground of discrimination inasmuch as, similar provision has not made by the Legislature in respect of election to public offices in institutions of Local Self Government or in the Stale Legislature and Parliament. It is on that count alone that the concerned provision under challenge has been styled to be arbitrary and thus, impermissive In view of the provisions contained in Article 14 of the Constitution of India.

(2.) General qualification for Members.-

(3.) In wake of challenge to the vires of Section 26 (i-b) of the Act of 1959 and there being no other point raised, it will be an exercise in futility to give detailed facts of all the cases in hand. Suffice it however to mention that in D.B. Civil Writ Petition No. 2613/2005, Yogendra Nandwana v. State of Rajasthan and others, the petitioner is facing trial before the learned ACJM No. 1, Kota under Sections 327, 147 & 452 of the Indian Penal Code since 1995. He was elected as Ward Member of Ward No. A-3 of Municipal Board, Kaithun. Ghanshyam and Abdul respondent Nos. 3 and 4 herein filed election petition before the learned District Judge, Kota under the provisions of Sections 34, 36, 39 and 40 of the Act of 1959 and the same is pending disposal before the said Court. It appears that the petitioner apprehensive of acceptance of the election petition in view of the provision contained in Section 26 (i-b) reproduced above, has filed the present petition seeking to set aside the said provisions.