JUDGMENT :

GANESH RAM MEENA, J.

1. The petitioner has filed instant writ petition challenging the order dated 09.12.2020 passed by the Addl. Commissioner and Joint Secretary (Inquiry), Rural Development & Panchayati Raj Department, Government of Rajasthan, Jaipur, whereby the petitioner was placed under suspension with the order that he should not be allowed to participate in any work and proceedings of the Panchayat Samiti.

2. After due Notification for the general elections to the Panchayati Raj Institutions, the petitioner- Vijendra Kumar submitted his nomination form for Ward No. 18 on 08.11.2020 for election as a Member of the Panchayat Samiti, Laxmangarh, District Sikar. Along-with the nomination form, the petitioner submitted the details about his living children. He mentioned that he has two children namely; Paridhi, born on 04.03.2015 and another Akshita, born on 10.02.2017. The petitioner submitted the nomination form as a candidate of the political party i.e. Bhartiya Janta Party.

3. After voting for the elections, the counting of votes took place on 08.12.2020 and thereafter, the result was declared on the same day and the petitioner was declared a ‘returned candidate’ as Member of Panchayat Samiti, Laxmangarh, District Sikar from Ward No. 18 and on being declared as a returned candidate, a certificate of election was also issued by the Returning Officer.

4. After declaration of the result and the petitioner being declared as a returned candidate, a complaint on the very same day i.e. on 8.12.2020 was submitted by one Mr. Sarendra Kumar Meel, who was a defeated candidate in the election. In the complaint, which is Annex.4 in the writ petition, complainant Sarendra Kumar Meel has alleged that the petitioner- Vijendra Kumar at the time of filing of the nomination form was having two living children and on 20.11.2020 his wife has given birth to the third child. In this manner, as on the date of election i.e. on 8.12.2020, he has more than two living children and has become ineligible for being Member of the Panchayati Raj Institution. It was specifically mentioned in the said complaint that the petitioner Vijendra Kumar be declared ineligible and he be restrained from participating in the election process for the post of Pradhan and Up-Pradhan scheduled on 10.12.2020 and next day respectively.

5. On the basis of the complaint dated 08.12.2020 by complainant Mr. Sarendra Kumar Meel, making allegations against the petitioner, the Returning Officer (Sub Divisional Magistrate), Laxmangarh, District Sikar, on 08.12.2020 issued a show cause notice to the petitioner stating that his wife has given birth to a child on 20.11.2020. It has also been mentioned in the show cause notice that on an inquiry being conducted by the Block Medical Officer, Laxmangarh, there is a confirmation of ‘missing delivery’ of his wife Smt. Anju Devi, which is her third child. Explanation to the show cause notice was to be submitted by 12:00 noon on 09.12.2020. On 09.12.2020 the Returning Officer (Sub Divisional Magistrate), Laxmangarh, District Sikar) submitted its report/ recommendation to the Addl. District Collector, Sikar, for taking appropriate action in regard to the prayer in the complaint for declaring the petitioner ineligible and to restrain him from participating in the election for the post of Pradhan and Up-Pradhan scheduled on 10.12.2020 and 11.12.2020 respectively. On 09.12.2020 the Block Chief Medical Officer, Laxmangarh, also submitted a letter stating that there were pre -delivery medical examinations of the wife of the petitioner giving out tentative delivery date as 03.12.2020. It has also been mentioned therein that since there is no information submitted to them in regard to the delivery, the same can be treated as ‘missing delivery’.

6. On 09.12.2020, the Tehsildar, Laxmangarh, District Sikar submitted to the Returning Officer (Sub Divisional Magistrate), Laxmangarh, District Sikar, that on the basis of the inquiry report of the Pa