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ANOOP KUMAR DHAND
Satish Kumar Duhariya – Appellant
Versus
State of Rajasthan – Respondent
ORDER
Anoop Kumar Dhand, J. - By way of filing this petition, the petitioner has challenged the legality and validity of the suspension order dated 24.07.2023 passed by the respondents by which the petitioner has been placed under suspension from the post of Chairman of Municipal Board, Rajgarh.
RIVAL CONTENTIONS:
2. Counsel for the petitioner submits that the petitioner is an elected Chairman of the Municipal Board, Rajgarh (Alwar) and he was placed under suspension vide order dated 25.04.2022 and the said order was assailed by him by way of filing S.B. Civil Writ Petition No.6771/2022 and the same was allowed by this Court vide order dated 17.01.2023 and the suspension order dated 25.04.2022 was quashed and set aside. Counsel submits that on the ground of same allegations, the petitioner has again been placed under suspension vide impugned order dated 24.07.2023 with the allegation that certain discrimination was done by him in the encroachment removal drive. Counsel submits that a meeting was convened on 17.09.2021 wherein the Member of Legislative Assembly (for short 'the MLA') of the concerned Constituency as well as the other office bearers including the Sub Divisional Officer,
Suspension of an elected representative must be based on sufficient grounds and objective satisfaction, not arbitrary or politically motivated actions.
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 official under ongoing criminal proceedings is valid, yet procedural fairness in disciplinary inquiries must be maintained—misconduct finding quashed for lack of hearing.
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....
Point of law: seriousness and gravity of the misconduct contemplated to be enquired into and the material i.e., voice messages along with the complaint by the complainant Anil Proddaturu and recordin....
The court emphasized that the suspension of elected representatives should be exercised with caution and only on substantial grounds, safeguarding their public reputation and rights.
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....
Suspension of an elected public representative must adhere to procedural fairness while upholding the integrity of judicial inquiries, as misconduct undermines public trust.
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