MUNICIPAL BOARD BEGUN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition the petitioner seeks to quash the notification dated 1-5-87 Anx. 3 whereby the State Government appointed administrator in exercise of the power conferred u/s.293-A of the Rajasthan Municipalities Act, 1959.

(2.) The ground of challenge inter alia is that the impugned notification does not specify the period in the notification during which the appointment of the administrator shall continue. According to the petitioners the provision contained in S.293-a is a mandatory provision. On the existence of the situations envisaged in clauses (a) to (e) of S.293-A, the State Government is empowered to appoint an administrator by notification in the official gazette for such period as may be specified in the notification and it may also, by like notification, curtail or extend the period of such appointment.

(3.) The petitioner has also sought a declaration that amendments made in S.4(8)(b) and S.11 of the Act by the Rajasthan Municipalities (Amendment and Validation) Act, 1987 (Act No. 9 of 1987) are unconstitutional and void. This prayer has rightly been not pressed and so we are not called upon to adjudicate the constitutionality of the amendments made in S.4(8)(b) and S.11 of the aforesaid Amendment Act.