LAXMINARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Art. 226 of the Constitution by Laxminarain against the State of Rajasthan and others, and arises in the following circumstances :

(2.) THE applicant is a citizen and a voter of Pipar City in Tehsil Bilara. This city is said to have a population of over 10,000 but it had no municipality. THEre used to be a Gram Panchayat in this city established under the Marwar Panchayat Act. This Panchayat was working up to the 26th of September, 1955, when its term came to an end. THEreupon, fresh elections to the Panchayat were held under the Rajasthan Panchayat Act (No. XXI) of 1953 (hereinafter called the Panchayat Act ). THE applicant at that stage submitted to the authorities concerned that as Pipar City had been declared a municipality, the Panchayat Act had no application to it, and no elections should be held. This submission of the applicant was rejected by the Collector of Jodhpur, who was holding the elections, and the elections were held on the due date. THEreupon the applicant came to this Court, and his contention before us is that Pipar City has been constituted a municipal area, and therefore, the Panchayat Act does not apply to it, and we should forbid the working of any Panchayat in that area.