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2021 Supreme(Raj) 1427

VIJAY BISHNOI
Balwant – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
Mr. R.N. Mathur, Sr. Advocate, Mr. R.S. Choudhary, for the Appellant; Mr. Sunil Beniwal, AAG, Mr. P.P. Choudhary, Sr. Advocate, Mr. Moti Singh, for the Respondent.

JUDGMENT

1. This writ petition has been filed by the petitioner being aggrieved with the order dated 18.06.2021 whereby, the respondent No.2 while exercising powers under Section 39(6) of the Rajasthan Municipalities Act, 2009 (for short 'the Act of 2009') has suspended the petitioner from the post of member of Ward No.6, Municipal Board, Bhadra and has also suspended him from the post of Vice Chairman (Acting Chairman), Municipal Board, Bhadra. The principle contention raised by the petitioner in this writ petition is that the petitioner has been suspended from the post of Member as well as Vice Chairman (Acting Chairman) of the Municipal Board, Bhadra on the ground that an enquiry has been initiated against him under Section 39(1) of the Act of 2009 on the ground that at the time of election of petitioner on the post of Member of Municipal Board, Bhadra, he was disqualified for being chosen as a Member on account of the fact that he was having additional child after the cutoff date.

2. Mr. R.N. Mathur, Senior Advocate assisted by Mr. R.S. Choudhary has argued that the alleged disqualification, on the basis of which, the enquiry under Section 39 of the Act of 2009 has been initiated

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