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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE VINIT KUMAR MATHUR, J
Madhu Kanwar W/o Kamlendra Singh Hada – Appellant
Versus
State Of Rajasthan, Through Chief Secretary Government Of Rajasthan – Respondent
Order :
1. Heard learned counsel for the parties.
2. The present writ petition has been filed with a prayer that the Notification dated 25.11.2024 issued by the respondents for appointment of Administrator/Authority of the Rawatbhata Municipality may be quashed and set aside.
3. Briefly noted the facts of the case are that the Rawatbhata Municipality was constituted by the State of Rajasthan exercising the powers enshrined under the Rajasthan Municipalities Act, 2009 (hereinafter referred to as ‘the Act of 2009’) and after conducting the elections, the Ward Members and its Chairperson were appointed. After the expiry of the tenure of the Municipality of Rawatbhata and other Municipalities, the State Government issued a Notification on 25.11.2024 stating that on completion of the tenure of 49 Municipalities of the State of Rajasthan, the Administrators/ Authorities are appointed to look after the day to day work of these Municipalities. The Notification dated 25.11.2024 has been challenged by the petitioner by way of filing the present writ petition on the ground that the Administrator/Authority appointed by the State Government vide Notification dated 25.11.2024 is dehors the law.
4. L
The State is authorized to appoint an Administrator for Municipalities under Section 320 of the Rajasthan Municipalities Act, 2009 during the period following the expiration of elected officials' ter....
The duration of local authorities' jurisdiction over newly constituted municipal areas and the dissolution of municipalities as per the provisions of the Bihar Municipal Act, 2007 and the Constitutio....
The Administrator can be appointed under Section 315 of the Karnataka Municipalities Act when elections are not held before the end of the Municipal Council's five-year term, without violating Articl....
The court established that an Administrator cannot be appointed under the Rajasthan Panchayati Raj Act, 1994, when a Gram Panchayat is reconstituted rather than dissolved.
The notifications for municipal formation and alteration complied with constitutional mandates and statutory requirements, and the principles of natural justice were not violated.
An Administrator can only be appointed when a Panchayat is dissolved, not when it is merely reconstituted.
The court affirmed that notifications regarding municipalities must adhere to constitutional parameters, and the principle of natural justice does not apply without express provisions requiring notic....
The court affirmed that the Governor's discretion in designating municipalities must adhere to specified constitutional parameters, and the provisions of the Act of 2009 prevail over those of the Act....
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