PUSHPENDRA SINGH BHATI,J. - (1.) Petitioner has preferred this writ petition making following prayers : "(i) By way of appropriate writ, order or directions the order dated 4th July 2016 (Annex-13) passed by the respondents constituting committees on the askance of MLA may kindly be quashed and set aside; (ii) by way of appropriate writ, order or directions the respondents-State may kindly be directed to accept the proposal as approved by the board and as forwarded by the Municipal Council, Sikar on 5th October, 2015; (iii) any other writ, order or directions to which the petitioner may be entitled to in the circumstances of the case may be issued in his favour; (iv) cost of the writ petition may be awarded in favour of the petitioner."
(2.) Brief facts as noticed by this Court are that on 26/11/2014 Municipal Council, Sikar was constituted after due elections. It was to constitute Committees in accordance with Section 55 of the Rajasthan Municipalities Act, 2009 (hereinafter referred as 'the Act of 2009'). Section 55(3) of the Act of 2009 provides for increasing the numbers of the Committees by the State Government. The first meeting of the Municipal Council was held on 24/02/2015 for constitution of Committees. The Municipal Council sent a letter dt. 26/02/2015 addressed to the Director, Local Self Government for constitution of additional committees. The State Government granted permission for constitution of additional Committees vide order dt. 30/03/2015. The meeting of the Municipal Council was held on 09/09/2015 in which vide item No. 11, the proposal of constitution of 13 Committees was passed and sent to the State Government for approval vide letter dt. 05/10/2015. The Member of Legislative Assembly of the constituency also made a list of Members of the Committees and sent to the Government on 07/02/2016. The respondents issued a direction on 25/04/2016 with regard to constitution of Committees under Section 55 of the Act of 2009 wherein it was stated that if the Committees had not been constituted under Section 55(3) of the Act of 2009, within the time frame, the same may be sent for approval of the State Government under Section 55(5) of the Act of 2009. The State Government accordingly constituted Committees on its own vide order dt. 04/07/2016, which, as per the petitioner, has been done ignoring the proposals of the Municipal Council and affirming the proposal of the MLA of the same constituency and as such, the petitioner has challenged the Constitution of such Committees vide order dt. 04/07/2016.
(3.) The respondents filed a detailed reply and stated that the respondents have acted in accordance with the requirement of Section 55 of the Act of 2009 and the letter of Member of Legislative Assembly was only taken as an input to balance the representation of the elected members. The respondents referred to Section 6 of the Act of 2009 in which it has been stipulated that the Member of the Rajasthan Legislative Assembly representing the constituency shall represent the Municipal Council. The relevant provision i.e. Section 6(1 )(a) of the Act of 2009 is reproduced as follows "6(1 )(a) the following shall represent in the Municipal Board, Municipal Council or, as the case may be, Municipal Corporation, viz. (i) the member of the Rajasthan Legislative Assembly representing a constituency which comprises wholly or partly the area of a Municipality; and (ii) six persons in case of Municipal Corporation, five persons in case of Municipal Council and four persons in case of Municipal Board, having special knowledge or experience in municipal administration, to be nominated by the State Government by notification in the Official Gazette : Provided that - (i) the provisions contained in section 24 and section 35 shall be applicable to the persons to be nominated or nominated members; (ii) the State Government shall have power to withdraw a nominated member at any time; (iii) a nominated member shall not have the right to vote in the meeting of a Municipality.";