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2024 Supreme(Raj) 680

SAMEER JAIN
Kamlesh Kumar Meena, S/o. Shri Bhonri Lal Meena – Appellant
Versus
State of Rajasthan, Through Principal Secretary, Local Self Government Department, Secretariat, Jaipur – Respondent


Advocates Appeared:
For the Petitioner: Mr. R.B. Mathur, Sr. Adv. assisted by Mr. Nikhil Simlote.
For the Respondent: Mr. G.S. Gill, AAG, Dr. Abhinav Sharma.

ORDER :

Sameer Jain, J.

1. The instant petition is preferred under Article 226 of the Constitution of India, with the following prayers, as reproduced herein-under:-

    “(i) Please to call for the record and allow the writ petition filed by the petitioner.

(ii) Quash and set aside the order dated 17.02.2024 of giving charge to Respondent No. 4 as Commissioner of Nagar Parishad, Dausa.

(iii) Pass any other appropriate order which this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the Petitioner.”

2. Learned Senior Counsel, Mr. R.B. Mathur, appearing on behalf of the petitioner, has submitted that the petitioner is a resident of Dausa, which is a Nagar Parishad (Municipal Corporation). The petitioner successfully contested the election of Parshad from Ward No. 55, and is presently a returning candidate for the said seat.

3. Learned counsel submitted that Smt. Monika Soni i.e. respondent no.4, who admittedly is an Executive Officer-III, was appointed as the Secretary of Nagar Parishad, Dausa vide order dated 15.02.2024, issued by the Department of Local Self Government i.e. respondent no.2.

4. At this stage, Mr. Mathur submitted that the caus

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