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2015 Supreme(Raj) 352

SUNIL AMBWANI, BANWARI LAL SHARMA
Bhanwar Lal Mundra – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
Mr. M.S. Singhvi, Sr. Advocate with Mr. Hemant Dutt for the petitioners.
Mr. P.R. Singh, Addl. Advocate General Mr. Dinesh Ojha Mr. A.K. Dadhich for the respondents.

ORDER

Sunil Ambwani, J.

1. The petitioners are residents of Mundron Ka Bas, Gram Panchayat Napasar District Bikaner. By this petition, they have prayed for a direction to declare the Notification dated 18.9.2009 issued by the State Government as illegal and to quash the same with consequential directions, by which the Notification dated 6.10.2008 issued by the State Government under the authority of the Governor of Rajasthan declaring the Gram Panchayat Napasar as Municipality (Nagar Palika) Class IV, was withdrawn in exercise of the powers under section 3(1)(a) of the Rajasthan Municipalities Ordinance, 2008, which was later-on enacted as the Rajasthan Municipalities Act, 2009. The petitioners have also prayed for direction to hold elections for Municipal Board, Napasar and not to hold elections for Gram Panchayat, Napasar.

2. The interim relief application for staying the elections was rejected on 17.1.2005 on the ground that the elections were notified on 24.12.2014.

3. The Napasar is situated at a distance of 27 kms. from Bikaner. It has a population of 19500 as per 2001 Census. At present, the population is alleged to have increased to more than 30,000. It is an urban area havi


















































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