Bapna J—This is a petition under Art. 226 of the Constitution of India.

2. A Municipal Board at Nawa, District Nagaur, existed when the Rajasthan Town Municipalities Act, 1951 (Act No. XXIII of 1951) came into force on 22nd December, 1951). By Notification No. F. 1 (c) (5)/L.S.G / 51-1 dated 5th March 1952 published in Rajasthan Rajpatra of 29th March 1952, the Government dissolved the Municipal Board, Nawa, and appointed an Ad hoc Committee consisting of five persons who are respondents Nos. 2 to 6 in this case. The petitioner was a member of the Municipal Board before its dissolution and he has challenged the validity of the Government order dissolving the Municipal Board of Nawa as also the appointment of the Ad hoc Committee.

3. It was alleged that in the last municipal elections, the congress group of members was defeated and the group of independent members had been elected. The Congress group of members having been frustrated, started making complaints against the Municipal Board and the Government dissolved the Board without making any enquiry into the truth or otherwise of the said complaints. It was alleged that the order of the Government and the Notifications were vitiated by irregularities and the members of the Ad hoc Committee be called upon by a writ of quo warranto to show the validity of their appointment and in case they are unable to satisfy the court as to the validity of their appointment, they may be restrained from exercising the duties and powers of the Board.

4. On behalf of the Rajasthan State a reply was submitted on 4th August 1952 that a report had been received by the Government regarding irregularities committed by the Municipal Board, Nawa, and the Regional Inspector was deputed for enquiry on the spot and his report revealed a sorry state of affairs. The Government thereupon gave notice to the Board as to why it should cot be dissolved and the reply sent by the Municipal Board was con-sidered by the Government before dissolving the Board as it did. It was stated that the Government had acted bona fide in the matter and was not actuated by party considerations. On 26th August a further reply was submitted by the Government that the period for which the Ad hoc Committee was appointed was to expire on the 31st of August 1952 and the Government had appointed the Tehsildar of Nawa to carry on the day to day administration of the Board on 2nd August 1952 in place of the Ad hoc Committee. It was also pointed out that the members of the Municipal Board took charge on the 1st August 1949 and the normal term of members had expired, meaning thereby that the petitioner Chouthmals term of office had expired on the 1st of August 1952.

5. On behalf of the petitioner it was urged that the Notification of election of the members of the Municipal Board, Nawa, was published in the Rajasthan Rajpatra of 27th May 1950 and therefore the term of office would expire on the 27th of May 1953.

6. The power of the Government to dissolve a Municipal Board is given in sec. 203 of the Rajasthan Town Municipalities Act, 1951, and we will have to examine the notification with reference to the provisions of that section. Sec. 203 is as follows—

"Power of Government to dis-solve or supersede Municipal Board in case of incompetency: —

(1) If in the opinion of the Government any Municipal Board is not competent to perform or persistently makes default in the performance of, the duties imposed on it by or under this Act or otherwise by law, or exceeds or abuses its powers, the Government may by an order published, with the reasons for making it, in the Rajasthan Gazette, declare the Municipal Board to be incompetent or in default, or to have exceeded or abused its powers, as the case may be, and may dissolve such Municipal Board or supersede it for a period to be specified in the order.

(2) When the Municipal Board is so dissolved or superseded, the following consequences shall ensue :

(a) all members of the Muni-cipal Board shall, in the

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