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ANOOP KUMAR DHAND
Devender Singh Shekhawat – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. By this petition, the petitioner seeks to challenge the impugned order dated 22.08.2023 whereby he has been placed under suspension under Section 39(6) of the Rajasthan Municipalities Act, 2009 (for short 'the Act of 2009') from the office of Member, Ward No.38, Municipal Corporation, Ajmer (for short 'the Corporation').
2. The facts, in brief, of the case are that the petitioner was elected as Member from Ward No.38 of the Municipal Corporation, Ajmer on 31.01.2021. He has been placed under suspension vide order dated 22.08.2023 by the respondents with the charge that he filed a Civil Suit and power/vakalatnama against the Corporation before the Court of Civil Judge, North, Ajmer, against the mandate contained under Section 24(xvi) of the Act of 2009.
3. Learned counsel for the petitioner submitted that the petitioner has not filed any suit against the Corporation, he simply signed the power on behalf of the plaintiff in the capacity of an associate junior counsel. The suit was filed by the Counsel Mr.Abhishek Bhargava and only said Mr.Bhargava has appeared on behalf of the plaintiff. The petitioner has not contested and argued in any suit against the interest of the Corpora
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.
Point of Law : Municipal Corporation - Suspension order - Suspension of a Chairman or a Member of a Municipal Board pending enquiry being an interim measure, suspension does not result in civil or ev....
Suspension of an elected representative must be based on sufficient grounds and objective satisfaction, not arbitrary or politically motivated actions.
The court upheld the suspension of an elected Chairperson for misconduct, emphasizing the necessity of conducting mandatory meetings as per statutory requirements.
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.
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....
Point of Law : Obtaining explanation and its consideration before suspension is not a condition precedent for suspension of a member of the municipality and further Division Bench had not granted rel....
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.
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