MOHANLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WHETHER the Sarpanch of a Gram Panchayat who on declaration of a Panchayat into a Municipality under section 4 of Rajasthan Municipalities Act, 1959 (hereinafter to be called as "1959 Act") become a Chairman of the Municipality would cease not only to be a Chairman but also a member on a vote of no confidence being passed against him as a Chairman of the Municipality is the question that arises in the present writ petition.

(2.) THERE existed a Gram Panchayat Losal of which the petitioner was elected as a Sarpanch. Section 4 (1) (a) (b) of the 1959 Act provides that the State Government may by notification declare any area to be a municipality and also to define the limits of any municipality. The State Government by virtue of this power issued a notification dated 22nd October, 1974 declaring that the Gram Panchayat Losal is converted into a Municipal Board Losal. The 1959 Act had been amended by the legislature by Act No. 31 of 1974. By this amendment in sub section (1) after clause (a) a proviso was added empowering the State Government to include in any municipality the whole or a part of a Panchayat circle or for declaring the whole or part of a Panchayat circle as a municipality. Certain consequences were also to follow upon the exclusion of any area of the Panchayat circle or its inclusion in a municipality or upon its declaration as a municipality under sub-section (1 ). A new sub-section (8) was thereupon added which reads as under : ~ " (8) Upon the exclusion of any area of Panchayat circle and its inclusion in a municipility or upon its declaration as a municipality' under. sub-section (1), - (a) such area shall cease to be a Panchyat circle; (b) until fresh elections are held under this Act, the Sarpanch, Up-sarpanch and the member or members representing the area of the Panchayat circle so included in or declared as a municipality shall be deemed to be the additional members of the municipality in which such area of the Panchayat circle is included or the Chairman, Vice-Chairman and the members espectively of the municipality declared for such area, as the case may be. "