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ASHOK KUMAR GAUR
Ghanshyam Gurjar – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. Registry is directed to connect these matters together.
S.B. Civil Writ Petition No. 14683/2021:-
2. Learned Additional Advocate General, Mr. Anil Mehta, appears as caveator on behalf of the State and he has been supplied copy of the writ petition.
3. Issue notice to the respondent Nos.5 & 6, returnable on 12.01.2022. Notices be given 'dasti', if prayed.
4. Learned AAG submitted that reply in S.B. Civil Writ Petition No. 14885/2021 has been filed during course of the day and copy of the same has been supplied to learned counsel for the petitioner.
S.B. Civil Writ Petition No.14885/2021:-
5. Heard on stay application.
6. Learned counsel for the petitioner submitted that by impugned order dated 13.12.2021, the petitioner has been placed under suspension from the post of Vice Chairman and Member of Ward No.19 of the Municipal Council, Alwar.
7. Learned counsel for the petitioner submitted that prior to suspension, an order dated 07.12.2021 was passed by the District Collector, Alwar, wherein he had referred the matter to the Director cum Special Secretary, Local Self Government in respect of conducting enquiry against the petitioner in respect of having disqualification to be chosen
Pre-election disqualifications cannot lead to post-election suspensions without due process and proper inquiry.
The court established that pre-election disqualifications can be addressed under Section 39 of the Rajasthan Municipalities Act, allowing for suspension of members.
The court established that suspension of a municipal member can occur without prior notice if proceedings have commenced, interpreting the relevant sections of the Rajasthan Municipalities Act, 2009.
Suspension of an elected representative must be based on sufficient grounds and objective satisfaction, not arbitrary or politically motivated actions.
Point of law: power of suspension may be invoked by the State Government, if the proceedings have been commenced for removal of a member as provided under subsection (1) of Section 39 of the Act of 2....
Suspension of an elected official under ongoing criminal proceedings is valid, yet procedural fairness in disciplinary inquiries must be maintained—misconduct finding quashed for lack of hearing.
An elected representative cannot be placed under suspension in a routine manner and the government must satisfy itself that the charges are of a grave nature and that the continuation of the incumben....
The court reaffirmed that the duties of a Chairperson under the Rajasthan Municipalities Act must be upheld, and failure to oversee actions leading to financial loss constitutes misconduct warranting....
The court affirmed that the State Government can suspend a Sarpanch based on inquiry initiation, even without a preliminary report, provided the member is given an opportunity to explain.
The principle of equality before the law mandates that individuals in similar situations must be treated equally, and arbitrary actions by authorities are subject to judicial review.
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