JUDGMENT :

Dinesh Mehta, J.

1. Petitioner, an elected member of ward No. 24 of Jodhpur Municipal Corporation, has invoked the writ jurisdiction of this Court assailing the order dated 08.12.2021, whereby the Director cum Special Secretary, Directorate, Local Self Government - respondent No. 1 has sought petitioner's explanation in terms of Section 39(3) of the Rajasthan Municipalities Act, 2009 (hereinafter referred to as the 'Act of 2009') as to why judicial enquiry not be conducted against him.

2. Simultaneously with issuance of show cause notice aforesaid, the petitioner has also been placed under suspension.

3. Mr. Kotwani, learned counsel for the petitioner, has challenged the impugned order on two premises:

(i) the disqualification alleged against the petitioner (he has more than two children) relates to pre-election disqualification and thus, no proceedings against him can be initiated.

(ii) Preliminary enquiry which was got conducted by the respondent and which has been the basis of issuance of the impugned order dated 08.12.2021 has been conducted by an incompetent authority and hence, the order is illegal.

4. In support of his first contention, it was informed by learned coun