SITARAM Vs. STATE

JUDGEMENT

(1.) THIS is a petition by Sitaram, resident of Sujangarh, District Churu disputing the validity of appointment of an Administrator of the Municipality of Sujangarh made by the Government by Order dated 17th May, 1959.

(2.) THE term of the Municipal Board of Sujangarh was to expire on 31st March, 1959 and the Director of Local Bodies, Jaipur addressed a letter on 9th March, 1959 to the Government to extend the term of the Board upto 30th May, 1959. THE Government, however, did not pass any order and in the meanwhile fresh election of the Municipal Board, Sujangarh were held on 13th April, 1959. Before the result of the election could be announced one Prithvi Raj Daga of Sujangarh filed a writ application to the High Court complaining of certain irregularities committed at the election and a stay order was granted directing the Returning Officer to stop further proceedings at the election, namely, the counting of the votes and declaration of the result. This was writ petition No. 146 of 1959. THE Government then appointed an Administrator of the Municipality by order of 17th May, 1959. THE petitioner who was a member of the Municipal Board, and whose term expired on 31st March, 1959, has challenged the appointment of the Administrator on the ground that the order of the Government was not authorised under the law. His prayer was that the Administrator be restrained from taking charge of the Municipal Board and bis appointment should be quashed. It may be mentioned that the Tehsildar of Sujangarh was the person who was appointed as the Administrator and a copy of the order of such appointment which has been placed on file today is as follows : - "notification No. D. 4539/f. 1 (s) (1) LSC/a/55 dated 17th May, 1959. Whereas the term of members of the existing Municipal Board, Sujangarh has expired on 1. 4. 50. And whereas the fresh Election of the said Board will take some time. And whereas the present Board has no jurisdiction to continue; And whereas it is necessary to look after the Municipal affairs of the town; Now, therefore, in exercise of the powers conferred by Sec. 203 of the Rajasthan Town Municipalities Act, 1951, the Government of Rajasthan is pleased to appoint Tehsildar Sujangarh as Ex-officio Administrator, of the Municipal Board Sujangarh. THE Tehsildar, Sujangarh shall exercise and perform all the powers and duties of the said Municipal Board of Sujangarh till its reconstitution. By order of the Governor, Keshavpuri. Dy. Secretary to the Government. "

(3.) IN Rajasthan provision has been made for continuity of the Board in case of delay in elections by extending the term of the Board under sec. 2 of Act No. XXV of 1952. The appointment of an Administrator is only contemplated when the Municipal Board is found to be incompetent under sec. 203 or the Municipal elections are set aside under sec. 19-A. As the writ petition filed by Prithviraj is still pending it is not possible to foresee its result. IN other words it is not possible to say whether the election will be set aside as a result of certain fundamental illegalities committed in holding the election or whether the petition of Prithviraj will be dismissed. Sec. 19-A may perhaps be available to the Government if the entire elections may be held to be invalid by an order of this Court in the writ petition. The appropriate safeguard against any vacuum is however provided by Act No. XXV of 1952. Where, therefore, the provision exists in law for meeting the particular contingency it would not be proper for a court to add or to alter to the terms of any section in order to lend support to an action of the Government which is otherwise in excess of the power conferred by the law.