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AVNEESH JHINGAN
Mohd. Soyab Khatri, Son Of Shri Mohd. Iliyas Khatri – Appellant
Versus
State Of Rajasthan, Through Its Secretary, Local Self Department, Government Of Rajasthan – Respondent
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
The issuance of show cause notices cannot be quashed based solely on allegations of political vendetta without prima facie evidence.
Point of law: The Court is also mindful that there is no specific embargo on exercise of jurisdiction under Article 226 of the Constitution of India even at notice stage, but in the circumstances of ....
Point of law: It is thus well settled that writ petition should normally not be entertained against mere issuance of show cause notice. In the present case no show cause notice was even issued when t....
The court emphasized the importance of not interfering with the election process once initiated and penalized frivolous litigation.
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 emphasized the need for fair and just exercise of power by the State Government, the importance of considering the President's explanation, and the requirement to follow principles of natur....
Quash of show cause notices - No show cause notice before proceedings - Predetermined and conclusive decision.
Vagueness and ambiguity in a show cause notice violate the principles of natural justice and render subsequent proceedings null and void.
The court clarified that disqualification from a municipal committee requires a direct contract interest, not just property ownership or rent receipt.
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