MAHAVIR PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ application under Article 226 of the Constitution of India by one mahavir Prasad, who is a resident of Ratan Nagar in District Churu.

(2.) THE petitioner's case is that in the year 1922 the erstwhile State of Bikaner had established a Municipal Board for the area of Ratan Nagar Town. Although its boundaries were extended from time to time. The Municipal Board continued to function during the continuance of the former Bikaner State and even after the formation of the State of Rajasthan. The last elections to the Municipal Board were held in December, 1963, when ten members including the petitioner were elected. Thereafter co-option proceedings were conducted and two lady members were coopted. The petitioner was elected Chairman of the said Board and he took charge from the Administrator on 31st January, 1964. By a notification published in the Rajasthan Rajpatra Part IV (c), dated 24th august 1960, the State of Rajasthan constituted a Committee called Re-delimitation committee for the purpose of re-delimitation of the Panchayat circles in the State and the powers under Section 86a of the Rajasthan Panchayat Act were delegated to that Committee. The said Committee in exercise of the powers conferred upon it by Sub-section (2) of Section 3 of the Rajasthan Panchayat Act, 1953, read with notification No. F. 15 (1) PTS/56819 dated 3rd September 1960 directed by Notification No. F. 15 (27) 4/pts/63455 dated 26-3-64, that a Gram panchayat shall be established for the whole of the area included within the limits of the Ratan Nagar Municipality. This notification was followed by a letter of the collector, Churu dated the 11th May, 1964 whereby the petitioner and other members of the Board were required to hand over the charge of the Board and to work as elected Panchas. The petitioner was required to function as a Sarpanch It is the validity of these two orders dated 26th March, 1964 and 11th May 1964 Exs. 1 and 2 respectively, which is sought to be challenged by this writ application.

(3.) IT is urged by learned counsel for the petitioner that Section 3 (2) of the rajasthan Panchayat Act, 1953, which was inserted by Section 4 of the Rajasthan act, No. 37 of 1959, is ultra vires of Section 1 of the Rajasthan Panchayat Act, No. 21 of 1953, which will hereinafter be referred to as the "act" The relevant portion of Section 1 of the Act on which reliance has been placed by learned counsel runs as follows: