Wanchoo, C.J.—This is an application by Madhoram Swami under Art. 226 of the Constitution of India. The case of the applicant is that he is an elected member of the Municipal Board, Sardarshahar, and was elected its President on the 31st of March 1951. On the 18th of August 1951 he received an order intimating to him that the Municipal Board had been superseded and the Tehsildar had been appointed Administrator till the reconstitution of the Board after fresh elections. Certain reasons were mentioned in the order superseding the Board. The applicants case is that the order of supersession was mala fide and the Government had conducted no enquiry and had given no chance to the Municipal Board to explain before passing the order.

2. The application was opposed by the State of Rajasthan. The case of the State is that there were constant complaints of maladministration by the Municipal Board and it was reported that there was embezzlement of Municipal funds. On receipt of these reports, the Government got the accounts audited by an Accounts Officer who reported that the affairs of the Board were in a very deplorable state. Thereupon, the Government deputed an accounts knowing man as Exe

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