The power of the State Government to suspend an elected member of a Municipal Board under Section 63(4) of the Rajasthan Municipalities Act, 1959 is subject to the conditions and procedures prescribed under the Act. The allegations against the petitioner did not fall within the ambit of Section 63(1)(d) of the Act and the suspension order was passed without following the due procedure prescribed under the Act.

1. :- The petitioner, who is an elected member of Municipal Board, Chirawa District Jhunjhunu pursuant to the General Elections for members of the Municipal Board (hereinafter referred to as 'the Board') which were held in August, 1995 and thereafter by way of further election from amongst the members of the said Board, the petitioner was elected as Vice Chairman and he took charge as such in August 1995 itself.

2. The petitioner is also a member of the Bharatiya Janata Party (BJP) and is a district representative of Jhunjhunu of Pilani Assembly area. Since his election as Vice Chairman, he has been performing all functions in the said capacity for the welfare and upkeep of the Board. The petitioner is also running a printing press in the name and style of M/s Mahalaxmi Printers over the past more than 22 years and has also been publishing weekly news paper named 'Shekhawati Halkaro' having its registration from the Government of India vide No. 62297/89 is carrying on the business of printing and publishing since 1989. He has been publishing news items as well as advertisements in his aforesaid news paper, which he has been receiving from time to time from the Government Agencies as well as from private individuals. The said news paper has also been publishing auction notices and other relevant advertisements. Some of such advertisements have been published on receipt of orders from Municipal Board Pilani, Sales Tax Department, Jawahar Navodaya Vidyalaya, Kajera Ballooning to the Central Government as also from different judicial Courts including Additional District and Sessions Judge Khetri, as well as from Krishi Upaj Mandi Samiti.

3. It may be noted in this context that before his election as Vice Chairman of the Board in the year 1995, the petitioner had also published advertisements on receipt of orders from the Board in his aforesaid news paper since 1991 and thereafter.

4. Pursuant to the change of political climate in Rajasthan in the last Assembly Elections held in 1998, it has been contended on behalf of the petitioner that he was subjected to repeated harassment and humiliation by non-petitioner No.2, i.e. the Deputy Secretary, Department of Local Bodies, Government of Rajasthan, and this fact is evident from the explanation of the petitioner which was called for by the said respondent on 29.4.99 with regard to the charge (1st charge) framed against him regarding publication of some material pertaining to the advertisements in his news paper.

5. The first allegation levelled against the petitioner was misuse of his power and official position in the capacity of Vice Chairman in connivance with the Chairman of the Board, when he had obtained order for publishing advertisements in his news paper as against the consideration of Rs. 2927/- received from the Board. The charge with regard to the aforesaid allegation was that since the advertisement in petitioner's news paper issued from different Municipal Boards as well as from Municipal Board Chirawa since 1991; he received aforesaid amount for having published three advertisements in relation to preparation of Ration Card for value of Rs. 560/-.

6. Second allegation was in respect of the Boards advertisements with regard to the instructions for keeping the municipal area neat and clean for which he had received a consideration of Rs. 1100/-.

7. The third allegation against the petitioner was for advertisement published for inviting tenders for removal of dead animals from the municipal area Chirawa for an amount of Rs. 840/-. In this manner the total amount of Rs. 2500/- was paid to the petitioner by the Board.

8. The second charge levelled against the petitioner was in respect of the payment of Rs. 15,202/- received by him for printing and stationery charges from the Board. He was subjected to an enquiry which was initiated against him by the Board, i.e. preliminary enquiry, which was conducted by the Sub Divisional Officer Jhunjhunu; after calling explanation from