MILAPCHAND Vs. STATE

JUDGEMENT

(1.) THIS is an application by Milapchand under Art. 226 of the Constitution for a writ of quo warranto in connection with the membership of Shrimati Ichhudevi in the Municipal Board of Didwana. The application has been opposed by Shri Shyam Sunder, Chairman of the Municipal Board, Didwana and Smt. Ichhudevi.

(2.) THE facts of the case on which the application is based are these. Shrimati Ichhudevi was a nominated member of the Board. She attended various meetings of the Board and the last meeting attended by her was on the 2nd of January, 1957. THEreafter it is said that she did not attend any meeting of the Board till the 9th of June, 1957. She also did not obtain any leave from the Board for her absence from the meetings of the Board during this period. THE applicant's case is that as Shrimati Ichhudevi did not attend the meetings of the Board consecutively for four months and did not get any leave from the Board for her absence, she has become disabled from continuing to be a member and her seat shall be deemed to have become vacant after the 2nd of May, 1957 under sec. 12 (3) (c) of the Rajasthan Town Municipalities Act (No. XXIII of 1951) (hereinafter called the Act ). THE application goes on to say that the lady in question attended the meeting of the Board on the 9th of June, 1957 on which an objection was raised about her being a member of the Board. This objection was overruled by the Chairman and consequently the present application has been filed.