MUJAHID ISLAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Shri Utkarsh Singh Gurjar, learned counsel for the petitioners submitted that against the 60 seats of Municipal Council, Nagaur, the petitioners were elected to occupy 21 vacant seats. He submitted that due to the illegal and corrupt working of the Chariperson of the Municipal Council, Nagaur, the petitioners have tender their resignations through duly attested notices of resignation dtd. 27/6/2025 to the Chairman-cum-Commissioner of Nagaur.

(2.) The Commissioner of Municipal Council, Nagaur vide letter/communication dtd. 7/7/2025 sought guidance from the Director-cum-Special Secretary, Local Self-Government, Jaipur for the actions to be taken in this situation in accordance with the provisions of Rajasthan Municipalities Act, 2009 (Act of 2009) as well as the orders/circulars issued by the State Government in that regard.

(3.) Learned counsel for the petitioners submitted that as per Sec. 322 of the Act of 2009, if at any giving point in time, the number of elected members of the Municipality falls short of two-thirds of its total members, then the State Government has no option other than to dissolve the Municipality.