SANGEET LODHA - (1.) This writ petition is directed against order dated 26.2.04 passed by the State Government in exercise of the power conferred under Section 63 of the Rajasthan Municipalities Act, 1959 (for short "the Act "), whereby the petitioner, an elected member of Municipal Board, Jalore, stands removed from the office, on account of having incurred disqualification in terms of provisions of Section 26 (xiv) of the Act.
(2.) The petitioner was declared elected as member of the Municipal Board, Jalore, in the municipal elections held on 26.11.99. The election of the petitioner as member was questioned by an elector Bhopal Singh, by way of an election petition filed before the Election Tribunal under the provisions of Section 34 of the Act, on the ground that as on the date of filing of the nomination form, the petitioner was having more than two children and thus, was disqualified to contest the election in terms of provisions of Section 26(xiv) of the Act. The election petition was being contested by the petitioner by filing a reply thereto. However, later the election petition was dismissed as withdrawn vide order dated 7.10.03 passed by the Election Tribunal.
(3.) At the same time, the proceedings were initiated against the petitioner by the State Government under Section 63 of the Act, for his removal as member of the Municipal Board on the ground that on account of birth of the additional child, he has incurred disqualification in terms of provisions of Section 26 (xiv) of the Act. According to the petitioner, the charge sheet alleged to have been issued by the State Government was never served upon him and the proceedings for his removal were initiated and concluded behind his back. Be that as it may, after inquiry the charge being proved against the petitioner, vide order dated 26.2.04 issued by the State Government, the petitioner was removed as member of the Municipal Board, Jalore and was declared to be disqualified for contesting the election in future.;