MURLI MANOHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is a member of Municipal Board, Mandalgarh District Bhilwara having been elected to the Office in the month of August, 1995. On 12. 4. 99, the Department of Local Self Govt. , Rajasthan issued notices to the petitioner and four other members of the Board calling upon them to show cause as to why they should not be disqualified from the membership of the Board on the ground of remaining absent for three consecutive meetings of the Board. THE petitioner filed reply to this notice and gave reasons for his absence. THEreafter by the impugned order dated 29. 9. 99 the petitioner was suspended in exercise of powers under Section 63 (4) of the Rajasthan Municipalities Act, 1959 (hereinafter to be referred as the Act ).

(2.) THE petitioner challenged the impugned order of his suspension on the ground of constitutional invalidity of Section 63 (4) of the Act as well as on merits. Because the petitioner has sought relief of declaration of Section 63 (4) of the Act to be ultravires the Constitution, this case has come up before the Division Bench.