NIRMAL KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution.

(2.) THE petitioner, Nirmal Kumar, is one of the elected members of the Municipal Board of Rajgarh. It is alleged that he was elected as a chairman by the members of the Municipal Board on 12th March, 1953, and acted in that capacity until he received an order of the Government of the 9th July, 1955, that his election as Chairman was invalid on the ground that the members who elected him as Chairman had not been administered an oath prior to their entering upon the election It was alleged that the order was passed under Rules 14 and 15 of the rules regarding the election of chairman but there was no election petition before the Government and no enquiry had been made as required by the rules. THE order of the Government was challenged as being illegal and contrary to the provisions of law. On behalf of the Government it was stated that an election petition had been filed by the requisite number of persons and an enquiry had also been made by the Regional Inspector. No detailed enquiry was necessary in this case as the facts did not admit of any dispute. THE oath was administered to the members on the 11th April, 1953, but the election of petitioner as Chairman took place on 12th March, 1953. It was urged on behalf of the Government that no case had been made out by the petitioner for interference.