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, he fell foul of the Rajasthan cabinet; and as a result of that, according to the petitioner, the executive machinery had been set in motion against him in order to implicate him in false charges. It is stated that at the instance of interested persons a no confidence motion was moved against the petitioner by two members of the Board, Shri Nihal Chand and Shri Nathmal, to dislodge him from his office but in view of the stay order passed by this Court in writ petition No. 460 of 1960 the petitioner could not be ousted. The petitioner was earlier suspended by the Government on the 2nd of December, 1960 on certain charges and a meeting of the Board was convened on 3rd January, 1961, to discuss a vote of no confidence against the petitioners; but again on account of another stay order granted by this Court the meeting had to be postponed. On 21st November, 1960, in writ petition No. 280 of 1960 a writ was issued by the Court directing the Government to decide the question of disqualification of the two members of the Board, Nihalchand and Nathmal, who are alleged to be inimical to the petitioner, but the matter was not decided and further attempts were made by the petitioners to obtain directions from this Court about an early decision. In writ petition No. 460 of 1960 the Government Advocate submitted, or rather gave an undertaking, that Government would decide the question of reinstatement of the petitioner and also the question of dis-qualification of these members at an earlier date of 5th May, 1961. Accordingly, some six months after the order of this Court, the order of suspension passed against the petitioner was withdrawn and he was ordered to be reinstated. This was done in view of the report of the Legal Remembrancer, in exercise of the power conferred by sub-sec. (3) of sec. 63 of the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959), who exonerated the petitioner of the various charges levelled against him in relation to his allegedly having exceeded his authority in placing and getting through some matters on the agenda which were not duly before the Board meeting and making certain appointments in the exercise of his duties as Chairman of the Municipality. Immediately and in quick succession, on the 12th May, 1961, came the above order of suspension passed by the Government, which is now impugned before us. The petitioner alleges that this was due to the long drawn controversy between the petitioner on the one hand and some of the members of the Board and the Government on the other; and he not only questions the validity of the order impugned but also submits that in the background of the facts stated the order appears to have been passed with some amount of malice or animosity against him. In reply, the case of the State is that th

Click Here to Read the rest of this document