SRI NIVAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution by nine members of Deedwana Municipal Board challenging the validity of an order of the State Government superseding the Board under sec. 295(l)(b) of the Rajasthan Municipalities Act 1959.

(2.) THE last general election to the Board was held on 30.12.63. Nine out of the 14 members who were elected or co-opted belong to the Jan Sangh Party. THEy are the petitioners. Out of them Shri Sri Nivas Moth petitioner No. 1 was elected as chairman and Shri Hari Shankar petitioner No. 2 was elected as Vice-Chairman and the Board started functioning from 31.1.64.

(3.) IN the show cause notice it was stated that (1) the Board was incompetent to perform its duties, and (2) it had exceeded and abused its powers.