IMPORTANT POINT
Suspension of elected representatives must be based on current and substantial evidence, and not on outdated reports, to uphold the integrity of democratic processes.

ORDER :

VINIT KUMAR MATHUR, J.

1. Heard learned counsel for the parties.

2. The present writ petition has been filed against the order dated 05.03.2024 passed by the respondent No.2, whereby, the petitioner has been suspended.

3. Briefly the facts noted in the present case are that the petitioner was elected as Sarpanch of the Gram Panchayat, Baori Kalla in the year 2020. While, the petitioner was working as Sarpanch of the Gram Panchayat, Baori Kalla, he was placed under suspension vide order dated 08.06.2022 (Annexure-2), on account of an FIR having been lodged against him on 08.06.2022. The order of suspension dated 08.06.2022 was challenged by the petitioner by way of filing a writ petition being S.B. Civil Writ Petition No.8884/2022 before this Court. A co-ordinate Bench of this court on 03.08.2022, while issuing notices, stayed effect and operation of the suspension order dated 08.06.2022. The petitioner assumed the charge of Sarpanch again after passing of the interim order by this Court.

4. While the petitioner was working as Sarpanch, he was again put under suspension vide order dated 21.10.2022 (Annexure-4). A copy of the charge-sheet was also issued which is placed on record as Annexure-5. The suspension order dated 21.10.2022 was revoked thereafter vide order dated 25.01.2023 (Annexure-12) placing reliance on the enquiry report dated 22.11.2022. After revocation of the suspension order, the petitioner again assumed the charge of Sarpanch, Gram Panchayat, Baori Kalla. Once again, the respondents vide order dated 05.03.2024 (Annexure-13) has placed the petitioner under suspension placing reliance on the inspection held on 10.08.2021. Aggrieved of the order dated 05.03.2024, the present writ petition has been filed.

5. Learned counsel for the petitioner vehemently submitted that although the basis on which the petitioner has been placed under suspension is frivolous and the allegations leveled against the petitioner are unfounded and baseless, the respondents are trying to place the petitioner under suspension on one count or another.

He further submits that even the respondents have got the matter inquired and obtained a report which clearly shows that the petitioner alone cannot be made responsible for the allegations leveled in the charge-sheet. Learned counsel further submits that for one reason or other, the respondents do not want the petitioner to work on the post of Sarpanch of Gram Panchayat Baori Kalla.

6. It is contended by the counsel for the petitioner that the suspension order dated 21.10.2022 was based on the inspection dated 10.08.2021, but later, the matter was enquired and another report dated 22.11.2022 was made which led to the revocation of the suspension. However in issuing subsequent order dated 05.03.2024 once again, reliance was placed on the inspection conducted on 10.08.2021, which clearly indicates that the suspension order was issued without any new material. He, therefore, prays that the order dated 05.03.2024 may be quashed and set-aside and the writ petition may be allowed.

7. Per contra, Mr. Manish Patel, learned Additional Advocate General appearing on behalf of the respondents vehemently opposed the submissions made by the learned counsel for the petitioner. He submits that the petitioner has been placed under suspension on account of the pendency of the enquiry under Section 38 of the Rajasthan Panchayati Raj Act, 1994. He also submits that since the allegations against the petitioner are substantiated by the cogent evidence, therefore, the respondents have rightly placed the petitioner under suspension. Learned counsel submits that on the inspection being conducted by the respondent authorities on 10.08.2021, certain infirmities were found in the work conducted during the tenure of the petitioner as Sarpanch, thus, he was placed under suspension. He further submits that one more enquiry was conducted against the petitioner and a report to that effect was furnished on 14.02.2023 which also i