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2021 Supreme(Raj) 119

PANKAJ BHANDARI, CHANDRA KUMAR SONGARA
Somya Gurjar Wife Of Shri Rajaram Gurjar – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajendra Prasad, Sr. Adv. Assisted by Mr. Aashish Sharma through VC
For the Respondents: Mr. M.S. Singhvi, assisted by Mr. Sheetanshu Sharma, Mr. Anil Mehta, AAG with Mr. Yashodhar Pandey, Mr. Nahar Singh Maheshwari, Mr. K.A. Khan, Mr. S.C. Gupta, adv

JUDGMENT :

PANKAJ BHANDARI, J.

1. Defects, pointed out by the Registry, are waived.

2. The petitioner has preferred the instant writ petition challenging the vires of Sections 39(1)(d)(ii) and 39(1)(d)(iii) of the Rajasthan Municipalities Act, 2009 (hereinafter referred to as “the Act of 2009”) and against the order dated 06.06.2021 whereby the petitioner has been placed under suspension from the Office of Mayor, Municipal Corporation Jaipur Greater as well as from her membership of Ward No.87 of the said Municipal Corporation.

3. Succinctly stated the facts of the case are that Municipal Corporation Jaipur was dissolved and instead, two Municipal Corporations were established in its place i.e. Municipal Corporation Jaipur Heritage and Municipal Corporation Jaipur Greater. The petitioner was elected as a Member of the Municipal Corporation Jaipur Greater from Ward No.87 and thereafter, as a Mayor of the said Municipal Corporation. In the year 2017, BVG India Limited (hereinafter referred to as “the Company”) was granted the work by the earlier Corporation with regard to door to door collection, segregation and transportation of municipal waste.

In view of the dissolution of the earlier

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