Court : Rajasthan
Reported in : AIR2003Raj128; 2003(1)WLC495; 2003(2)WLN383
..... . sub-rule (9) of rule 3 of the no confidence motion rules, which uses the expression whole number of members' and the definition of 'whole member of members' contained in section 3(36) of the rajasthan municipalities act, 1959, defining whole number means total number of votes at a time, therefore, are clearly ultra vires the provisions contained in article 243-r of the constitution of india ..... . it is also submitted that first meeting of the board has not been defined in rajasthan municipalities act but it is defined in rule 96 of the rajasthan municipalities (election) rules 1994 ..... . chapter iv of the elections rules of 1994 deals with the subject of election of a chairperson/vice-chairperson/president/vice president/ mayor and deputy mayor of the municipal council/board or the corporation as the case may be ..... . it is true that neither in section 61 nor anywhere else in the act, it has been clarified as to which date will be the first date of the meeting of the board for the purpose of section 61 and it is also true that it is said in the rule 96 of the rules of 1994 that the meeting held for the election of the chairperson shall be the first meeting of the board ..... . not only above reasons, but close scrutiny of the relevant provisions of law also makes it clear that the definition given in rule 96 of the rules of 1994 has no application and cannot have application for this purpose ..... . rule 69 of the rules of 1994 prescribes the form in which the elected person is required to take oath .....
Tag this Judgment!Court : Rajasthan
Reported in : 1986(1)WLN92
..... were certain allegations of misconduct against the petitioner of his having abused his powers as chairman of the municipality, that on those allegations there was some inquiry by certain officers and that on that report submitted by those officers the government called upon the petitioner to explain the allegations made against him it can hardly be contended that proceedings cannot be taken to have been commenced against the petitioner within the meaning of sub-section (3) of section 63 of the municipalities act.mr. ..... the petitioner has also challenged the vires of section 63(4) of the rajasthan municipalities act, 1959 (for short 'the act').2. ..... that even in ugamsee's case (supra) a division bench of this court has held that so far as member/ chairman of the municipal board/council is concerned, if he is sought to be removed on the ground of misconduct under clause (d)(i) of section 63 (1) of the act, proceedings can only be said to have been concerned when as a result of the inquiry under the proviso to sub-section (1) of section 63 of the act and after considering the explanation if any of the member, the state government applies its mind and takes a decision .....
Tag this Judgment!Court : Rajasthan
Reported in : 1996WLC(Raj)UC1; 1996(2)WLN245
..... as the statute has now been replaced by the rajasthan panchayati raj act, 1994, section 38 becomes relevant for our purpose. ..... municipalities act, it was observed by the division bench of the allahabad high court that it required that even if there is no sinister or oblique motive there must be something to show that in committing the acts complained of the member concerned was using his position as a member for a wrong purpose or that he was taking some advantage of his position which ought not to have been taken and that he was doing so in a glaring ..... subramaniam reported in : [1996]1scr968 , three learned judges of the supreme court held inter-alia while discussing the powers of the tribunal under the administrative tribunal act that the conclusions reached by the authority based on evidence could not be disturbed by the tribunal since the tribunal is devoid of power to re-appreciate the evidence and come to its own conclusion. mr. ..... the provisions under section 17(4) of the rajasthan panchayat act, 1953 specifically postulates that the state government may, by an order in writing and after giving him an opportunity of being heard, and making such inquiry as may be deemed necessary, remove any sarpanch, who refuses to act or becomes incapable of acting as such or in the opinion of the state government, has been guilty of misconduct or neglect in the discharge of his duties or of any disgraceful conduct.4. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1993Raj86; 1992(2)WLC463; 1992(1)WLN415
..... state, air 1964 raj 123 : (1964 (1) cri lj 702), wherein it has been observed that a municipal board constituted under the rajasthan municipalities act, 1959 can act through its chairman by virtue of section 67(d) of that act in granting written consent for prosecution under section 20 of the prevention of food adulteration act. ..... we accordingly, hold that the sub-section (4) of section 63 of the rajasthan municipalities act is neither unfair, unreasonable, nor unjust and it is not arbitrary or ultra vires of the constitution i.e. ..... however, the petitioner was served with a notice (annexure-1) and the statement of allegations (annexure-2) and by order (annexure-3), he has been suspended from the post of chairman, municipal board, sardarshahar under section 63(4) of the rajasthan municipalities act, 1959 (for short 'the act').3. ..... has power to suspend the chairman or a member of a municipal board simultaneously when it decides to issue him a notice of show cause under section 63(2) of the rajasthan municipalities act. ..... it was contended by the learned counsel appearing for the petitioners that the chairman of the municipal board can exercise all the functions of the municipal board under section 67(d) of the act and, therefore, unless he is prohibited from acting in any manner, it will be deemed that he has power to act in the manner and, therefore, the actions of the petitioners regarding compromising the matters pending in the courts, grant of contracts, promotions etc. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(1)Raj456
..... on record, the order of suspension of the petitioner appears to be in consequence of only initiation of enquiry by the state government under section 63(2) of the raj as than municipalities act, 1959 and there appears to be no reason available for suspension of the petitioner from the post of the chairman, municipal council, pall as the respondents failed to prove that the presence of the petitioner on the post of the chairman, municipal council, pali may prejudice the enquiry to be conducted by the competent authority under sub ..... the petitioner has been suspended from the post of chairman,municipal council, pali by the state government under section 63(4) of the rajasthan municipalities act, 1959 vide order dated 11.6.2007, hence the petitioner in this writ petition has challenged the order passed by respondent no ..... this order dated 11.6.2007, the state government decided to initiate proceeding against the petitioner under section 63 of the municipalities act and by invoking power under section 63 (4) of the act of 1959, the petitioner has been suspended from the post of chairman and member of the municipal council, pali. ..... to it is because of sub-section (4) of section 63 of the rajasthan municipalities act, 1959. ..... to the learned counsel for the respondents, it appears that the petitioner deliberately gave notice under section 170 of the municipalities act to favour the intuc, to avoid any action for cancellation of allotment of the property and recovery of municipal property.19. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj73
..... was that under section 2 of the rajasthan town municipalities act, the laws and enactments repealed by the act were mentioned in the first schedule to that act, but the marwar district municipal boards (constitution) act, 1949 was ..... 5th march 1952 dissolving the municipal board of nawa was not in accordance with the provisions of section 203 of the rajasthan town municipalities act, 1951, and while it may be that e government was satisfied that certain mplaints regarding gross irregularities committed by the president and the members of the municipal board had been proved, the government had still to come to the opinion that the municipal board was either not competent ..... framed by the government under section 205 of the rajasthan town municipalities act, 1951, the chairman of the board has to intimate to the district magistrate not less than six months before the expiry of office of its members under section 15 of the act, the date on which such term shall expire and this sets the ball of election rolling and a person who is elected or nominated to be a member of any municipal board becomes a member on ..... being received regarding gross irregularities committed by the president and the members of the municipal board, nawa, it is hereby notified for general information that government have, in exercise of powers conferred under sub-section (1) of section 203 of the rajasthan town municipalities act, 1951, been pleased to dissovle the said municipal board, upto the end of august 1952. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1957Raj87
..... we are, however, quite clear that the term of office fixed by section 15 of the town municipalities act is the term of office of the board, and that term is three years subject to extension by the government. 7. ..... reading therefore section 15 of the rajasthan town municipalities act, rule 45 of the rajasthan town municipal election rules, 1951, and rules 2 and 3 of the rules regarding the election of chairman of town municipalities, together, we come to the conclusion that the starting date for the term of the board (which is for three years) must be the first date on which the members are called to meet and take the ..... in view of the rather vague provisions of section 15 of the town municipalities act, we order parties to bear their own costs. ..... unfortunately section 15 of the rajasthan town municipalities act has not followed this pattern, though it is abundantly clear that this is the section which fixes the term of office of the municipal board. ..... there is any rule which directly or indirectly provides for taking the oath of office by members generally on a particular day, and if there is such a rule, that should, in our opinion, be the date on which the term of office of a municipal board under the rajasthan town municipalities act should in the circumstances begin in view of the faultiness of the drafting of section 15 of the act. ..... the relevant section, with which we are concerned, in section 15 of the rajasthan town municipalities act (no. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1998Raj28; 1997(3)WLC411; 1997(2)WLN46
..... saroj chotiya, by this writ petition, has challenged (i) the validity of section 26(xiv) and its proviso (e) of the rajasthan municipalities act, which provide general disqualification for the person to be elected as a member, who has more than two children; and (ii) the legality and correctness of the order dated 13-1-97 (annexure 4) by which the petitioner was put under ..... the similar provisions laying down the disqualification on account of birth of an additional child in the family raising the number of the children to more than two, enacted in section 19(l) and section 39 of the rajasthan panchayati raj act, 1994 laying down the disqualification for election to the panchayati raj institution, challenged by the petitioner came up for consideration before us in mukesh kumar ajmera v. ..... this court up held the validity of the provisions of section 19(l) and section 39 pf the rajasthan panchayati raj act, 1994 and held that 'the restrictions imposed in section 19(l) neither out-rage the dignity of a person nor it infringes any of the fundamental, legal or common law right or a marital right of procreation of a child, 'xxx xx and section 19(1)(l) and section 39 of the rajasthan panchayati raj act are not violative of any of the provisions of the constitution of india.'19. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(2)Raj1194; 2005(2)WLC634
..... the case of the petitioners in the election petition was that the date of birth of sushila devi is 1.1.1986 and in view of the provisions of municipalities act and the rajasthan municipalities electoral registration order 1974, the candidate should have attained the age of 18 and 21 years as on 1.1.2000 so as to enable him/her to contest the election of ward member and chairman, respectively. ..... she has also produced janampatri, ex.p4 of her son, in which the date of birth of her son has been shown as 28.8.97, electrol role of municipality (nagar palika nirvachak namawali, 2000), ex.p7 which mentions her age as 25 years, electrol-role of legislative assembly area of kotputali, 1998 in which the age of appellant has been shown as 25 years. ..... since both the appeals relate to the election held for the post of ward member and chair-person of municipal board kotputali, district jaipur for the year 2000 and involve similar facts and evidence. ..... after the elections for membership were over, the elections for the chairman of municipality kotputali were held on ,22.8.2000 in which sushila devi, kanta devi and smt. ..... sushila devi and bhagoti devi contested the election for the post of member of municipality, kotputali from ward no. ..... in birad mal singhvi's case (supra), their lordships of the supreme court held that an entry relating to the date of birth made in the scholars' register is relevant and is admissible under section 35 of the evidence act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2003Raj11; RLW2003(3)Raj1716; 2003(1)WLC175
..... authorities under statutes similar to the district municipalities act, is not the land over which the street is formed, but the street qua street and that the property in the street thus vested in a municipal council is not general property or a species of property known to the common law, but a special property as it has in the street continues only so long as the street is a highway by being excluded by notification of government under section 23 of the act iv of 1884 or by being legally ..... municipalities act was couched in the same language as the provisions of section 92 (2) (f) of the rajasthan municipalities act ..... municipalities act which contains provisions pari materia with section 92 of the rajasthan municipalities act, ..... be apposite to notice the provisions of the municipal act relevant for the present purpose.section 92 reads as under :section 92. ..... was challenged by way of appeal before the sub-divisional officer, rajsamand under section 139 of the rajasthan municipalities act, 1959.7. ..... street : means any street (a) over which the public have a right or way, or (b) which has heretofore been levelled, paved, metalled, channeled, sewered or repaired out of municipal or other public funds, or (c) which, under any provision of this act, becomes a public street ; section 3 (xxxii) street : means any road,bridge, footway, lane, square, court, alley or , passage accessible, whether permanently or temporarily, to the public or any portion of the public, whether a thoroughfare or not .....
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