SARJOO PROSAD, C.J.—This application has been presented by Shri Ugamsee Modi, Chairman of the Municipal Board Jalore. He was elected Chairman of the Board on August 7, 1958.

2. On the 12th May, 1961 the Government passed an order suspending him. The order runs thus: —

"Whereas Shri Ugam See Modi, Chairman, Municipal Board, Jalore is alleged to have committed certain cognizable offences while acting as Chairman.

And whereas the State Government have already sanctioned prosecution of Shri Ugam See Modi in a court of law;

Now, therefore, in exercise of the powers conferred by sub-section(4) of Sec. 63 of the Rajasthan Municipalities Act, 1959 (Rajasthan Act 38 of 1959) the State Government hereby places Shri Ugam See Modi, Chairman, Municipal Board, Jalore under suspension with immediate effect."

3. The petitioner in this application challenges the validity of the order and prays that an appropriate writ or direction may be issued quashing the order in question and directing the respondent, which is the State of Rajasthan, not to interfere with the petitioner functioning as Chairman of the Municipality. It is alleged by the petitioner that soon after he came to fill the office of Chairman,

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