B.S.CHAUHAN
Bhanwarlal – Appellant
Versus
State – Respondent
(2). The facts and circumstances giving rise to this case are that the petitioner was nominated by the State Government in exercise of its powers under Section 9 of the Rajasthan Municipalities Act, 1959 (for short `the Act) as a member of the Municipality Board, Mt. Abu vide order dated 16.11.2000 (Annex. 1) along with one Shri Parmanand. The said government order was published in the Official Gazette on 25.11.2000 (Annex.2). However, vide order dated 12.12.2000 (Annex. 3), Mohd. Yusuf Khan, respondent No.4 shown to have been nominated in place of the petitioner and that government order stood notified in the Official Gazette on 13.12.2000 (Annex. R/1). Hence, this petition.
(3). Shri S.D. Vyas, learned counsel for the petitioner has submitted that as the Act provides for a particular procedure for removal of its member by holding an inquiry for mis-conduct, the respondent could not have removed the petitioner so unceremoniously. Petitioners removal has been made in flagrant vio
3. State of U.P. vs. Babu Ram Upadhyaya (AIR 1961 SC 751)
4. Moti Ram Deka vs. General Manager
5. Shamsher Singh vs. State of Punjab (AIR 1974 SC 2192)
6. Union of India vs. Tulsi Ram Patel (AIR 1985 SC 1416)
7. Dr. D.C. Saxena vs. State of Haryana (AIR 1987 SC 1643)
2. Om Narain Aggarwal and Ors. vs. Nagar Palika
9. Piara Singh vs. State of Punjab & Ors. (2000) 5 SCC 765)
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