- (1.) THE validity of the Rajasthan Urban Improvement (Amendment) Ordinance, 1972, (hereinafter called the Ordinance) has been challenged by petitioner K. N. Joshi, who was the member of the Urban Improvement Trust, Jodhpur, having been elected to that body by the Municipal Council, Jodhpur. The main grounds of challenge are,-- (1) that the Governor while promulgating the Ordinance did not place it for consideration before the President nor has the assent of the president been obtained on it; (2) that the Governor while exercising this emergency legislative power acted on the advice of the executive Government, which tendered that advice on the eve of the general election to achieve certain political motives and this power under Article 213 of the Constitution has been used by the Governor in a mala fide manner. (3) that the impugned Ordinance confers arbitrary and unbridled power on the Government and, therefore, it is violative of Article 14 of the constitution.
(2.) A notice was given to the Advocate General to show cause why this petition may not be admitted. Mr. Tewari, Deputy Government Advocate, has, however, appeared on his behalf.
(3.) IT is contended by Mr. Tewari that the motive for promulgating the Ordinance is irrelevant, and the Court has no Jurisdiction to examine the motive or the circumstances necessitating the promulgation of the Ordinance by the Government according to learned Deputy Government Advocate these matters are not justiciable. As regards the assent of the President it was urged that the Court while examining this question should look to the contents of the Ordinance and if it is discovered that the Ordinance was promulgated by the Governor in the exercise of his legislative power under Entry No. 5 of List II of VII Schedule of the constitution then there was no necessity to secure the assent of the President, even though the parent Act, which stands amended by the impugned Ordinance, got the assent of the President, Regarding the arbitrary nature of power alleged to have been conferred on the executive of the State Government it was argued by mr. Tewari that the effect of the amendment of Section 9 of the parent Act is only to do away with the representatives elected by the Municipal Council, otherwise in substance the constitution of the Trust is the same and there is not any material alteration in the constitution thereof.;