- (1.) I will presently show that this writ petition deserves to be allowed on the ground that there has been non- compliance of the provisions of Section 63 and more so sub-section (4) of Section 63 of the Rajasthan Municipalities Act, 1959 (for short the Act) as well as law laid down on that section.
(2.) First the facts in brief which are these: The three petitioners are members of the Municipal Council, Ajmer though it is alleged that the party in power (Bhartiya Janta Party) in the State is in power in Municipal Council, Ajmer and the three petitioners belong to Congress (I) party, but I will not go into that question as it is not necessary to go into that question. It is the case of the petitioners that the Municipal Commissioner, Ajmer had issued a notice dated 16th April, 1991 to all 45 members of the Municipal Council, Ajmer including Shri Ratan Lai Yadav-Chairman and Shri Vishnu Chainani Vice-Chairman, fixing the meeting of General Council on 24th April, 1991 at 12.00 noon in the Assembly Hall. The said meeting is said to be an adjourned meeting of 25th March, 1991 and the agenda was the same as was of the adjourned meeting. Rather the agenda fixed for 25th March, 1991 meeting was also a part of the business to be transacted on 24th April, 1991, in the meeting. As per the three petitioners, they have made their level best to reach the Assembly Hall to attend the meeting, but the Municipal Council Members belonging to Bhartiya Janta Party with their huge supporters prevented them from entering into the premises of the Municipal Council, Ajmer for attending the said meeting. The petitioners are said to have been physically oppressed, intimidated and prevented by the Municipal Council Members belonging to the party in power with their supporters. A FIR is said to have been lodged by the petitioners. It is also the case of the petitioners that in fact the meeting was not held at the place where it was notified to be held and was held in some other place clandestinely and was held in Sabha Bhawan arbitrarily, but I will not go into this question and it is not necessary to go into this question so far as disposal of this writ petition is concerned.
(3.) For the three petitioners having misconducted during the aforesaid meeting, a report was sent by the Chairman, Municipal Council, Ajmer to the Minister Local Self Government and the Assistant Director on 7th May, 1991 prepared a note which was sent to the Minister and the Minister Local Self Government ordered immediate suspension of the three petitioners and consequent to the aforesaid order of the Minister, the impugned suspension orders dated 7th May, 1991 in respect of the three petitioners were issued.;