HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14365/2025

1. Mujahid Islam S/o Shri Roshan Khan, Aged About 32 Years, R/o Ward No. 32, Near Rathore Bhawan, Nagaur (Raj.)

2. Azizuddin Ansari S/o Shri Nasruddin Ansari, Aged About

39 Years, R/o Ward No. 31, Peerwalo Ka Mohalla, Nagaur (Raj.)

3. Smt. Mamta Bhati W/o Shri Mangi Lal Bhati, Aged About

44 Years, R/o Ward No. 15, Naya Darwaza, Nagaur (Raj.)

4. Taufiq Khan S/o Shri Islamuddin, Aged About 37 Years, R/

o Ward No. 23, Kumharwada, Nagaur (Raj.)

5. Javed Khan S/o Shri Asad Ali Khan, Aged About 35 Years, R/o Ward No. 46, Mohammadpura, Nagaur

6. Smt. Payal Gehlot W/o Pranay Gehlot, Aged About 45 Years, R/o Ward No. 11, Naya Darwaza Road, Nagaur

7. Smt. Kailashi W/o Shri Om Prakash, Aged About 45 Years, R/o Ward No. 10, Ambedkar Basti, Takash Gate, Nagaur

8. Smt. Shobha Kanwar Bhati W/o Shri Narayan Singh Bhati, Aged About 50 Years, R/o Ward No. 05, Jat Colony, Nagaur

9. Bhajan Singh S/o Shri Guru Dayal Singh, Aged About 75 Years, Ward No. 06, Outside Kumhari Gate, Nagaur

10. Jagdish Kuradia S/o Shri Ram Pal, Aged About 60 Years, R/o Ward No 57, Regaron Ka Mohalla, Nagaur

11. Dharmendra Panwar S/o Rajendra Singh Panwar, Aged About 40 Years, R/o Ward No. 18, Panwaron Ka Bas, Chenar, Nagaur

12. Smt. Basanti Devi W/o Shri Narendra Chaudhary, Aged About 60 Years, R/o Ward No. 18, Indra Colony Nagaur

13. Naushad Baghban S/o Salim, Aged About 40 Years, R/o Ward No. 26, Near Govt. School, Ajmeri Gate, Nagaur

14. Smt. Samda Bano W/o Shri Mohammad Aslam, Aged About 32 Years, R/o Ward No. 32, Vyapariyon Ka Mohalla, B-Road, Nagaur

15. Smt. Sareen Bano W/o Shri Sadik Hussein, Aged About

38 Years, R/o Ward No. 34, Pinjaro Ka Mohalla, Nagaur

16. Smt. Shibri Devi W/o Hariram Jakhar, Aged About 61 Years, R/o Ward No. 08, Brahmpuri, Nagaur

17. Azharuddin S/o Shauk Ali, Aged About 40 Years, R/o Ward No. 52, Date Road, Sipahiyon Ka Mohalla, Nagaur

18. Smt. Asi Devi W/o Madan Lal Chauhan, Aged About 63 Years, R/o Ward No. 28, P.h.e.d. Colony, Nagaur

19. Smt. Kaikeyi W/o Shri Arjun Mundel, Aged About 35 Years, R/o Ward No. 30, Hanumanbagh Colony, Nagaur

20. Smt. Arifa Bano W/o Jahid Hussein, Aged About 38 Years, R/o Ward No. 44, Lohar Pura, Nagaur

21. Sadakal Sulemani S/o Shakir Ali, Aged About 40 Years, R/

o Ward No. 24, Chudigharo Ka Mohalla, Nagaur ----Petitioners Versus

1. The State Of Rajasthan, Through The Secretary, Local Self Government Department, Jaipur (Raj.)

2. The State Of Rajasthan, Through Director (Cum Special Secretary) Local Bodies, Local Self Government Department, Jaipur

3. The Commissioner, Municipal Council, Nagaur, District Nagaur (Raj.)

4. The Chairperson, Municipal Council, Nagaur, District Nagaur (Raj.)

----Respondents For Petitioner(s) : Mr. Utkarsh Singh Gurjar.

For Respondent(s) : Mr. Monal Chug.

Mr. Digvijay Singh Jasol.

Mr. Rajesh Parihar.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

27/08/2025

1. Shri Utkarsh Singh Gurjar, learned counsel for the petitioners submitted that against the 60 seats of Municipal Council, Nagaur, the petitioners were elected to occupy 21 vacant seats. He submitted that due to the illegal and corrupt working of the Chariperson of the Municipal Council, Nagaur, the petitioners have tender their resignations through duly attested notices of resignation dated 27.06.2025 to the Chairman-cum-Commissioner of Nagaur.

2. The Commissioner of Municipal Council, Nagaur vide letter/communication dated 07.07.2025 sought guidance from the Director-cum-Special Secretary, Local Self-Government, Jaipur for the actions to be taken in this situation in accordance with the provisions of Rajasthan Municipalities Act, 2009 (Act of 2009) as well as the orders/circulars issued by the State Government in that regard.

3. Learned counsel for the petitioners submitted that as per Section 322 of the Act of 2009, if at any giving point in time, the number of elected members of the Municipality falls short of two- thirds of its total members, then the State Government has no option