Honble CHAUHAN, J.–The instant writ petitioner has been filed challenged the impugned order dated 8.5.2000 (Annx.6), by which the petitioner has been suspended from the Membership of the Municipal Corporation, Jodhpur.

(2). The facts and circumstances giving rise to this case are that petitioner was declared elected as a Member of the Municipal Corporation, Jodhpur on 27.11.99. On compliant, preliminary enquiry was held and prima facie the respondents were of the view that petitioner was disqualified for contesting the election by virtue of the provisions of Section 26 of the Rajasthan Municipalities Act, 1959 (for short, ``the Act) as the 4th child was born to him after the cut off date. A show cause notice was served upon the petitioner and he submitted his reply to the said notice on 29.3.2000 contending that the notice was without jurisdiction as his election could not be challenged by any means other than by filing an election petition as provided under the provisions of Section 34 of the Act and the provisions of Section 63(4) of the Act were not attracted.

(3). After considering his reply, the impugned order dated 8.5.2000 (Annx. 6) has been passed suspending the petitioner fr

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