1. - This writ petition is directed against the order dated 22.7.2004 whereby the petitioner was removed from the post of Chairperson and further declared disqualified for contesting the election for six years.

2. Brief facts of the case are that the petitioner was elected as a member of Municipal Council, Alwar on 27.11.1999 and was also elected as Chairperson of Municipal Council on 28.11.1999. A complaint was lodged against the petitioner regarding irregularities committed by him as Chairperson. Comments were asked from the Commissioner, Municipal Council and the same were sent vide letter dated 4.8.2001 to Deputy Director. Thereupon, a notice was issued by the Deputy Secretary, Department of Local Self on 16.9.2003 to the petitioner whereby four charges were levelled against the petitioner. On the basis of enquiry report submitted by the Deputy Director, explanation of the petitioner was sought within 10 days of notice, failing which proceedings under section 63 of the Rajasthan Municipalities Act, 1959 were to be initiated.

3. The petitioner has challenged the impugned order on the ground that the respondents have not followed the mandatory procedure as stipulated under section 63, which is necessary for removal of a member and no enquiry whatsoever has been conducted as per the provisions of Rajasthan Municipalities Act, 1959 and rules made thereunder.

4. After conducting the enquiry, the petitioner was put under suspension vide order dated 28.2.2004. Against the suspension order, the petitioner filed a writ petition which was registered as S.B. Civil Writ Petition No. 1288/2004. Since subsequently, final order was passed by the judicial officer, the petitioner withdrawn the writ petition, the same was dismissed as having become infructuous.

5. Learned counsel for the petitioner drawn my attention towards Section 63(d), which reads as under :

63. Removal of members - (1) The State Government may, subject to the provisions of sub-secs. (2) & (3), remove a member of a board on any of the following grounds, namely -

(d) that he has

(i) been guilty of misconduct in the discharge of his duties, or

(ii) been guilty of any disgraceful conduct, or

(iii) become incapable of performing his duties as a member, or

(iv) otherwise absured in any manner his position as such member;

6. Mr. Hora, learned counsel for the petitioner submits that in the notice under section 63, the respondents have not specified that the charges levelled against the petitioner is with regard to functioning as a Chairperson or a member. In absence of specific notice, the petitioner was deprived to represent his case properly before the respondents and the petitioner was also not aware that he will be removed from the membership and will be debarred for contesting the election for six years.

7. Learned counsel further referred effected Section 64 and sub-Section (10) of Section 65 which reads as under :

64. Disability of members removed under section 63(1)(d). - A member who has been removed u/Cl. (d) of sub-Section (1) of Section 63 or against whom adverse findings have been recorded under section 63-A shall not be eligible for re-election for a period of six years from the date of the order of his removal or of recording adverse findings as the case may be.

Section 65(10). - Every chairman and every vice-chairman shall be removed from his office as such Chairman and vice-chairman on any of the grounds specified in clause (d) of sub-Section (1) of Section 63, and the provisions of sub-secs. (2) to (5) of that section shall apply.

8. After referring the aforesaid provisions, learned counsel submits that for removal from membership as well as Chairman/Chairperson, procedure has been laid down under section 63,,but the proceedings should be initiated specifying that the person concerned will be removed from the membership or Chairmanship.

9. In support of his submissions, he placed reliance on the judgment rendered by the Division Bench of Gujarat High Court rendere