SAYARMAL Vs. STATE

JUDGEMENT

(1.) THIS is an application by Sayarmal under Art. 226 of the Constitution against an order passed by the State of Rajasthan under sec. 14 of the Rajasthan Town Municipalities Act, 1951 (No. XXIII of l95l) (hereinafter referred to as the Act; removing the applicant from the membership of the Municipal Board, Jalore.

(2.) THE case of the applicant briefly is this. He was the President of the Municipal Board of Jalore up to some date in March, 1955. A fresh election for the Municipal Board was held before March, 1955, and the applicant was elected as a member of the Board. He took oath of his office for another term as a member of the Board in March, 1955. It may be mentioned that some other person was elected Chairman for this term of the Board. It appears, however, that when the applicant was working as a Chairman of the Board, a complaint was made against him of receiving illegal gratification from one Noorkhan in January, 1955. THE applicant says that the matter was inquired into by the Collector of Jalore, and as no case was made out against him, the applicant was informed by the Secretary, Local Self Government, in April, 1956, that Government had refused sanction to institute a criminal case against him in that matter. THEn on the 10th September, 1956, the applicant was served with a notice to show cause why he should not be removed from the membeship of the Board for disgraceful conduct inasmuch as he had been caught redhanded taking bribe when he was Chairman of the Municipal Board. We must say that the notice was defective inasmuch as it did not specify when and from whom the applicant had taken bribe when he is said to have been caught redhanded. However, it is admitted between the parties that the notice refers to the same incident dated the 18th January, 1955, about which the previous complaint of receiving illegal gratification was made, and we shall proceed on that footing. THE applicant submitted a reply, and as the matter referred to the previous complaint which had already been inquired into by the Collector, no further inquiry was held, and the applicant was removed from membership by the order of Government dated the 19th December, l956.