Honble NAOLEKAR, J. – The petitioner is the elected Ward Member of Municipal Board, Rajsamand from Ward No. 21. Later on, he contested the election of Chairman of the Municipal Board, Rajsamand and was declared elected. At the relevant time, the petitioner was the Chairman of the Municipal Board. On 22.10.96 a show cause notice was issued to the petitioner for explanation u/s 63 of the Rajasthan Municipalities Act, 1959 (for short `the Act hereinafter). On 5.11.96 a reply was filed by the petitioner. A charge sheet was issued that while holding thepost of Chairman of the Municipal Board, Rajsamand, the petitioner at his whims has effected renovation of the chamber without inviting tenders or even issuing the work order. He has not fixed the rates for executing the work and, therefore, he has committed financial irregularity using his position. Charge No. 2 is to the effect that on 25.6.97, tenders were invited for carrying out the work of paver at six places.The tenders were opened on 2.7.97 and the permission to carry out the work to M/s. Kaviraj Construction was issued whereas the work at six places was completed even prior to issuing of tenders. This way the tenders were invited

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