D.K.MAHAJAN, J. - (1.) THIS petition under Article 226 of the Constitution of India is directed against the order of the President recognising his Highness Maharaj Rana Shri Hemant Singh as the Ruler of Dholpur State. This notification was published in the Gazette of India dated the 22nd of December, 1956, as SRO 3086, in Part II, Section 3.
(2.) THE last Ruler of the State was Maharaj Rana Udai Bhan Singh. He died on the 22nd of October, 1954, without leaving any direct male lineal descendant. The following pedigree -table will disclose the relations he left behind: MAJARAJ RANA KIRAT SINGH | _______________________|_________________________ | | | Kr. Jhande Kr. Pohop Singh Maharaj Rana Singh Bhagwant Singh | Kr. Kulendra Singh Maharaj Rana Nihal Singh | _____________________________________________________|_________ | | | | Maharaj Rana Maharaj Rana Kr. Birendra Kr. Keshav Udai Bhan Singh Singh | (the last incumbent) | ________|________ | | | | __________________|_______________ | Kr. Upendra Kr. Ajai | | | Singh Singh Malvendra Kaur Urmila Devi(daughter) | (wife) (married to His Highness | (Respondent No. 3 Maharaja of Nabha | adopted by Malvandra | | Kaur on the husband's | | authority after the | | husband's death). ________________________|____ | | | | | Hanumant Singh Hemant Singh Himmat Singh | | _____________________|______________________ | | Kr. Vir Rajendra Singh(Petitioner) Kr. Vir Bhartendra Singh On the death of Maharaj Rana Udai Bhan Singh there were as many as nine claimants to the State of Dholpur, who represented to Government for recognition. In the present petition we are only concerned with two of them because the other seven have not challenged the order of the President recognising Hemant Singh as the Ruler. The two contesting claimants are: Hemant Singh, daughter's son of the late Ruler, and KR. Vir Rajendra Singh, who claims to be the brother's son of the late Ruler. In the returns filed by the State and respondent No. 3 it is alleged that the petitioner Kr. Vir Rajendra Singh's father Kr. Birendra Singh was not the lawful son of Maharaj Rana Nihal Singh.
(3.) IN order to ascertain as to who was best entitled to succeed as the Ruler, Government of India issued a notification dated the 12th February, 1955, appointing a Committee to examine the claims of the various claimants. This Committee was to submit its report to the Government by the 1st of April, 1955. The Committee was constituted as under: (1) Shri K N. Wanchoo, Chief Justice of the Rajasthan High Court ..... Chairman. (2) Colonel His Highness Maharaja Sir Brajindra Sawai Bfijendra Singhjit Bahadur Jang, Maharaja of Bharatpur; and (3) Brigadier His Highness Maharao Shri Sir Bkim Singhjit Bahadur, K. C. S. 1., Maharao of Kotah. This notification is annexure 'B' to the petition and was followed by a second notification annexure R/1, dated the 14th of March, 1955. This notification was also in the same terms, but only the time limit fixed for the report in the first notification was eliminated. Then follows that third notification dated the 8th of September, 1955 annexure R/2 to the return filed by the State, By this third notification the constitution of the Committee was changed and Maharaja of Dungarpur replaced the Maharao of Kotah. This change came about after the Committee, as originally constituted, had held a sitting. No business was transacted at that sitting excepting that the parties did appear before the Committee. Before the reconstituted Committee there was a hearing on the 19th of September, 1955, and the claim of two out of the nine claimants was rejected. The hearings of the Committee were held between 11th October, 1955, to 24th of April, 1956, on various dates and then arguments started from the 24th of April, 1956, and concluded on the 3rd of May, 1956. The Committee in due course, submitted its report and thereafter followed the impugned notification whereby the President recognised Hemant Singh as the Ruler of Dholpur State. The petitioner fully participated at the hearings before the reconstituted committee.;