Honble LAKSHMANAN, CJ.–Heard the learned counsel for the appellants.

(2). This appeal is directed against the judgment passed by the learned Single Judge dated 23.4.2001 in S.B. Civil Writ Petition No. 4746/2000 filed by respondent Bhanwar Lal to quash the order dated 12.12.2000 by which the respondent had been replaced by another nominated member in Municipal Board, Mt. Abu.

(3). We have perused the pleadings and judgment under appeal. The facts and circumstances leading to this case are that the first respondent was nominated by the State Government in exercise of powers u/Sec. 9 of the Rajasthan Municipalities Act, 1959 (in short, referred to hereinafter as `the Act) as a member of the Municipal Board, ML. Abu by order dated 16.11.2000 alongwith one Shri Parmanand which order was published in the Official Gazetee on 25.11.2000. However, vide order dated 12.12.2000 Yusuf Khan (respondent No. 4 in the writ petition) was nominated in place of the first respondent Bhanwar Lal and that Government order stood notified in the Official Gazette on 13.12.2000 (Annex. - R/1 to the writ petition). Hence the writ petition by Bhanwar Lal.

(4). Before the learned Single Judge it was contended by

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