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GANESH RAM MEENA
Vijendra Kumar – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. removal due to disqualification after third child born. (Para 1 , 3 , 5 , 12 , 34) |
| 2. elected vote casting during inquiry process. (Para 4 , 11 , 15) |
| 3. due process in issuing charge notices. (Para 6 , 8 , 13) |
| 4. arguments on improper procedure and malafide intent. (Para 17 , 19 , 24 , 30) |
| 5. significance of fair inquiry process. (Para 18 , 22 , 29) |
| 6. legal foundational principles of disqualification. (Para 20 , 21 , 23) |
| 7. final conclusion to quash the removal order. (Para 38 , 39) |
JUDGMENT :
Ganesh Ram Meena, J.
The petitioner has filed this writ petition challenging the order dated 01.01.2021 issued by the Addl. Commissioner & Joint Secretary-II (Enquiry), Government of Rajasthan, Rural Development & Panchayati Raj Department, whereby petitioner- Vijendra Kumar (Elected Member of Ward No.18, Panchayat Samiti Laxmangarh, District Sikar), has been removed from the post of Member, Panchayat Samiti, Laxmangarh, District Sikar and declared the post vacant under the provisions of the Rajasthan Panchayati Raj Act, 1994 (for short 'the Act of 1994') and further he has been declared permanently ineligible for contesting the elections to any Panchayati Raj Institutions.
2. Befor
Disqualification of a Panchayati Raj member requires adherence to prescribed inquiry procedures; failing which, actions are illegal and contravene principles of natural justice.
The District Commissioner lacks jurisdiction to remove a Panchayat member based solely on disqualification claims; such matters must be handled through an election petition post-election results, adh....
Point of law: The challenge to the constitutional validity of Section 175 (1)(q) and Section 177 (1) must fail. The right to contest an election for any office in Panchayat is neither fundamental nor....
The main legal principle established in the judgment is that the State Election Commissioner must consider disqualification issues based on unimpeachable materials and relegate parties to a competent....
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