MOHAN SWAROOP MONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Art. 226 of the Constitution by Mohan Swaroop Moni against the order of the State of Rajasthan removing him from the chairmanship of the Municipal Board of Deeg.

(2.) THE application is a long one, making allegations of victimisation due to party-politics. We are, however, not concerned with all these allegations, and propose to mention the brief facts on which the applicant has come to us for relief. THEse facts are that the applicant was elected Chairman of the Municipal Board of Deeg by a unanimous vote in July, 1954. In May, 1955, he received a telegram asking him to meet the Secretary, Local Sell-Government with respect to certain complaints against him. THEreupon he wrote back saying that he might be supplied a copy of the complaint before he came to see the Secretary. He was then sent copy of the complaint made against him on the 10th of February, 1955, by a member of the Board. He submitted an explanation on the 17th of June, 1955, on all the points raised in the complaint against him. THEreafter he was ordered to meet the Minister on the 5th of July, 1955. He says that he could not meet the Minister on the 5th of July, but did meet him on the 7th of July, 1955, and gave oral explanation to him about the allegations in the application of the 10th of February, 1955. He says that thereafter he heard nothing further in the matter ; but suddenly on the 28th of October, 1955, on account of the machination of certain persons, he was ordered to meet the Minister on the 3rd of November, 1955, He could not meet the Minister on that date, but met him actually on the 17th of November, 1955 He says that the Minister did not give him a copy of the charges, but, asked him whether he was prepared to meet the charges, if read over to him, then and there, and he replied that he could not do so, and requested for time to give his explanation after he had received a copy of the charges. This, however, is said to have annoyed the Minister, and the interview came to an end. THEreafter he says that he was asked in December, 1903, for not obeying the orders of Government, and eventually an order was received on the 7th of January, 1956, by the Vice-Chairman removing him from the office of Chairman. This order is dated 31st of December, 1955, and apears to have been issued on the 5th of January, 1956. THE case of the applicant is that he was not given an opportunity of being heard, as required by section 22, sub-section (10), of the Rajasthan Town Municipalities Act, 1951 (Act No. XX11i of 1951), and, therefore, the order removing him was not in accordance with law, and should be set aside by this Court.