1. - By this writ petition, the petitioner seeks to challenge the order dated 6.8.2007 whereby she has been suspended from the office of Chairman, Municipal Board, Gangapur City.

2. The facts, in brief, of the case are that the petitioner was elected as a Member of the Municipal Board, Gangapur City in August 2005 from Ward No. 31 and she was further elected as Chairman to the said Municipal Board in August 2005 itself. It is stated in the writ petition that the petitioner contested the election as a Congress I candidate and Smt. Shobha Gurjar, wife of the respondent No. 2, was elected as Vice Chairman who belongs to Bhartiya Janta Party (BJP). The respondent No. 2, husband of Smt. Shobha Gurjar also belongs to BJP and is an active politician of the area, therefore, with ulterior motive, he filed complaint against the petitioner to the President of BJP on 17.12.2006. The President, BJP forwarded the same to the Minister, Local Self Government by name with the recommendation to make inquiry in the matter and take action thereon. The Director on receiving the said complaint got conducted the inquiry through the Regional Deputy Director, Local Self Department, Government of Rajasthan, Kota. The Regional Deputy Director, Kota submitted his report on 11.4.2007 wherein nothing adverse was found against the petitioner. It is also stated in the writ petition that the proceedings were ordered to be dropped by the Minister, Local Self Government on the said complaint on 30.4.2007. But in the month of April 2007, the respondent No. 2 submitted another complaint against the petitioner to the Chief Minister to take action thereon which was later on inquired into by the Deputy Director (Regional), Local Self Government, Kota wherein out of 42 allegations only 8 allegations were prima facie found proved. A notice dated 4.7.2007 came to be issued by the Deputy Director, Local Self Department, Jaipur to the petitioner whereby 8 charges were levelled against the petitioner and her explanation was sought. On receipt of the explanation, the State Government had issued suspension order dated 6.8.2007.

3. The State of Rajasthan and Deputy Secretary, Local Self Department have filed joint reply to the writ petition and denied the fact that the Regional Deputy Director, Kota found the first complaint to be frivolous. In fact, the report of the Regional Deputy Director, Kota indicates that the number of charges are required to be inquired into separately. They have further submitted that before receipt of the report of the Regional Deputy Director dated 11.4.2007, another complaint was received from the respondent No. 2 on 3.4.2007, and on inquiry, out of 42, eight charges were prima facie found proved. The explanation of the petitioner was sought. The petitioner filed reply to the said allegations/charges mentioning therein that the Executive Officer has not put up any note of dissent and expressed difficulty, therefore, she is not prima facie guilty of misconduct nor abused her position as such member/Chairman as referred in Section 63(1)(d)(iv) of the Act of 1959 in any manner. The explanation/reply was not found satisfactory, the order of suspension was passed on 6.8.2007 after being satisfied that continuance of the petitioner in the office may not be desirable looking to the serious nature of the charges.

4. The submission of the counsel for the petitioner is that the first as well as the second complaints were politically motivated and the Government was bent upon to suspend her without following the provisions of Section 63 of the Rajasthan Municipalities Act, 1959 (hereinafter referred to as 'the Act of 1959’). Further submission of the counsel for the petitioner is that a bare perusal of the gist of the charges would reveal that (1) charge No. 1 relates to issuance of patta of a public land without verifying the documents, (2) charge No. 2 relates to not holding to auction of the land but allotting the same at scheduled rate of Rs. 21,