TYAGI, J.—The validity of the Rajasthan Urban Improvement (Amendment) Ordinance, 1972, (hereinafter called the Ordinance) has been challenged by petitioner K.R. Joshi, who (was one of the members of the Urban Improvement Trust, Jodhpur, having been elected to that body by the Municipal Council, Jodhpur. The main grounds of challenge are—

(1) that the Governor while promulgating the Ordinance did not place it for consideration before the President nor has the assent of the President been obtained on it;

(2) that the Governor while exercising this emergency legislative power acted on the advice of the executive Government, which tendered that advice on the eve of the general election to achieve certain political motives and this power under Article 213 of the Constitution has been used by the Governor in a malafide manner.

(3) that the impugned Ordinance confers arbitrary and unbridled power on the Government and, therefore, it is violative of Article 14 of the Constitution.

2. A notice was given to the Advocate General to show cause why this petition may not be admitted. Mr. Tewari, Dy. Government Advocate, has, however, appeared on his behalf.

3. It is contended by Mr. Tewari that the m

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