The issuance of show cause notices cannot be quashed based solely on allegations of political vendetta without prima facie evidence.

ORDER :

(Avneesh Jhingan, J.)

1. The Chairman of the Municipal Council, Nawalgarh has filed this petition challenging the notices dated 22.11.2024, pleading political vendetta to be the basis for issuance of show cause notices (for brevity ‘SCN’).

2. The brief facts are that the petitioner was elected as Municipal Counsellor from Ward No.28 of Municipal Board Nawalgarh and was elected as Chairperson of the Municipal Board, Nawalgarh. After holding the preliminary enquiry the two impugned SCN were served upon the petitioner to show cause against the allegations mentioned therein.

3. The present petition is filed pleading apprehension that the petitioner would be targeted and suspended on the basis of the impugned SCN.

4. Learned counsel for the petitioner argued that the decision on the issues instanced in the SCN were taken by the Empowered Committee but the petitioner has been singled out for issuing SCN. Submission is that the lay out plans were prepared by the experts and the petitioner was Chairman of the Municipal Council. The contention is that the basis of the enquiry has not been supplied to the petitioner. Decision of this Court in D.B. Special Appeal Writ No.252/2024 titled as State of Rajasthan & Ors. Vs. Himanshu dated 08.04.2024 is relied to argue that the writ petition against the show cause notice should be entertained.

5. Before proceeding further it would be appropriate to give summary of allegations in the SCN:-

(i) Three private persons having land in Khasra No.1332 were granted permission for commercial construction by reducing the width of the road whereas the permission could have been granted only after leaving 60 ft. wide road.

(ii) Freehold lease to the residential plots was issued leaving the road width of 25 ft. Subsequently the lay-out plan was modified increasing the width of the road to 30 ft. but proportionate area was not reduced from plots.

(iii) Considering the colony in khasra No.1778 to be settled before 31.12.2021, permission for residential use under Section 90A of the Rajasthan Land Revenue Act, 1956 (hereafter ‘the Act’) was issued whereas only two plots in the area were constructed. The permission in violation of rules and the circular was granted by Committee at instance of Petitioner. The Empowered Committee could have granted the permission in cases where colonies have been developed before 17.06.1999 with minimum 10% built up area and maximum 70% saleable area. In case of colonies having built up area less than 10% and saleable area is of more than 70% the matter was required to be referred to the State Government by the local authority.

(iv) The petitioner during his tenure surrendered the land allotted to him and got a bigger plot allocated for himself.

(v) Lastly, lay out plan was sanctioned for vacant land of three private persons in Khasra No.125 to 129 measuring 4.85 hectare situated in Village Mohabbatsar Tehsil Nawalgarh in violation of the statutory provisions wherein the requirement was that before 31.12.2021, more than 10% of the colony should be populated.

6. Grievance raised is that the petitioner belongs to a particular political party and with the formation of Government by rival political party in Legislative Assembly, the petitioner has been targeted.

7. The democracy in India is deep rooted and exist even at the grass root level. The democracy and rule of law are interdependent. In a country governed by rule of law the statutory provisions provide safeguard for the rights of the citizens. The key requirements of rule of law are access to the Court, free and fair trial and a fair notice of exercise of powers by the Authorities. The rule of law opposes arbitrary exercise of power. Each political party whether ruling or in opposition has an important role in democracy.

8. The political vendetta cannot be permitted to be used as a shield to curb initiation of proceedings under the statute. In case, initiation of proceedings at stage of issuance of SCN are quashed on a bald statement