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2023 Supreme(Raj) 58

MAHENDAR KUMAR GOYAL
Bharat Lal Saini S/o. Shri Nandlal Saini – Appellant
Versus
State of Rajasthan, Through Principal Secretary, Local Self Government Department, Government of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Punit Singhvi with Mr. Aayush Singh.
For the Respondent: Mr. Anil Mehta, AAG with Mr. Yashodhar Pandey & Mr. Prawal Mishra, Ms. Archana.

JUDGMENT :

1. At the outset, learned counsel for the petitioner confines his relief in the writ petition to the challenge to the order dated 25.08.2022.

2. This writ petition is filed by the petitioner, a suspended Chairperson and Member of the Nagar Palika, Todaraisingh, District Tonk for quashing and setting aside the order dated 25.08.2022 whereby, he has been placed under suspension.

3. The relevant facts in brief are that the petitioner, an Elected Member and Chairperson of the Municipal Council Todaraisingh, District Tonk was arrested on 18.07.2022 in a bribery case whereupon, an FIR No.288/2022 dated 19.07.2022 came to be registered against him under Sections 7 & 7A of the Prevention of Corruption (Amendment) Act, 2018 (for brevity, “the Amendment Act of 2018) and Section 120-B of the Indian Penal Code (for brevity, “IPC”). Vide order impugned dated 25.08.2022, the petitioner has been placed under suspension under Section 39(6) of the Municipalities Act, 2009 (for brevity, “the Act of 2009”) which has been challenged by way of this writ petition on the premise of it being violative of the mandatory provisions under Section 39 of the Act of 2009.

4. The respondents in their reply

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