JIVAN KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this writ petition making following prayers :

(2.) Brief facts as noticed by this Court are that on 26/11/2014 Municipal Council, Sikar was constituted after due elections. It was to constitute Committees in accordance with Section 55 of the Rajasthan Municipalities Act, 2009 (hereinafter referred as 'the Act of 2009'). Section 55(3) of the Act of 2009 provides for increasing the numbers of the Committees by the State Government. The first meeting of the Municipal Council was held on 24/02/2015 for constitution of Committees. The Municipal Council sent a letter dt. 26/02/2015 addressed to the Director, Local Self Government for constitution of additional committees. The State Government granted permission for constitution of additional Committees vide order dt. 30/03/2015. The meeting of the Municipal Council was held on 09/09/2015 in which vide item No. 11, the proposal of constitution of 13 Committees was passed and sent to the State Government for approval vide letter dt. 05/10/2015. The Member of Legislative Assembly of the constituency also made a list of Members of the Committees and sent to the Government on 07/02/2016. The respondents issued a direction on 25/04/2016 with regard to constitution of Committees under Section 55 of the Act of 2009 wherein it was stated that if the Committees had not been constituted under Section 55(3) of the Act of 2009, within the time frame, the same may be sent for approval of the State Government under Section 55(5) of the Act of 2009. The State Government accordingly constituted Committees on its own vide order dt. 04/07/2016, which, as per the petitioner, has been done ignoring the proposals of the Municipal Council and affirming the proposal of the MLA of the same constituency and as such, the petitioner has challenged the Constitution of such Committees vide order dt. 04/07/2016.

(3.) The respondents filed a detailed reply and stated that the respondents have acted in accordance with the requirement of Section 55 of the Act of 2009 and the letter of Member of Legislative Assembly was only taken as an input to balance the representation of the elected members. The respondents referred to Section 6 of the Act of 2009 in which it has been stipulated that the Member of the Rajasthan Legislative Assembly representing the constituency shall represent the Municipal Council. The relevant provision i.e. Section 6(1 )(a) of the Act of 2009 is reproduced as follows