AIR 1993 RAJASTHAN 86 ::(1992) 2 WLC(RAJ) 463

Rajasthan High Court

Hon'ble Judge(s): J. R. Chopra, Y. R. Meena , JJ

(A) Rajasthan Municipalities Act (38 of 1959) , S.63(4)— Validity - Section provid-ing for procedure for suspension of Chairman - Not unfair, unreasonable nor unjust - It is not arbitrary or ultra vires of Constitution. 1986 RLR 16, Overruled. Constitution of India , Art.14, Art.21— The Sub-Section (4) of S. 63 of the Rajas-than Municipalities Act is neither unfair, unreasonable nor unjust and it is not arbitrary or ultra vires of the Constitution i.e. Arts. 14 and 21 of the Constitution. The proceedings against a Chairman or Member of the Municipal Board commence when the pre-liminary enquiry report, submitted to the Govt. is considered by the Government and the Government applies its mind to it and comes to the conclusion that a further probe in the matter is essential. For the removal of the holder of an elected public office that is Chairman or Member of the Municipal Board, if the Govt. decides to issue a notice to the incumbent under S. 63(2) of the Act to the delinquent Chairman or the Member of the Municipal Board to show cause why definite charges be not framed against him and be referred to a Judicial Officer, that is the stage where the proceedings start against the Chairman or the Member of the Municipal Board and the State Govt. has power to suspend the Chairman or a Member of a Municipal Board simultaneously when it decides to is....