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AVNEESH JHINGAN
Indra Dudi, W/o. Shri Sahi Ram – Appellant
Versus
State Of Rajasthan, Through Its Additional Chief Secretary, Rural Development And Panchayati Raj Department – Respondent
JUDGMENT :
(Avneesh Jhingan, J.)
1. In the petition filed by elected Pradhan of Panchayat Samiti Chirawa, District Jhunjhunu challenging the suspension order dated 12.10.2024, the application (IA No.1/2024) under Order 1 Rule 10 CPC is filed by the elected member of the Panchayat Samiti holding charge in place of suspended Pradhan.
2. Learned counsel for the applicant argues that the petitioner is an elected member of the Panchayat Samiti and is a necessary party in the writ petition. The contention is that after suspension of the petitioner charge of the Pradhan has been given to the applicant and should be impleaded as respondent. Reliance is placed upon the decision of this Court in D.B. Special Appeal (Writ) No.940/2023 titled as Kamlesh Devi Vs. Hazari Lal Bairwa & Ors. decided on 23.07.2024.
3. As per contra, the suspension order is passed by the Additional Commissioner and Deputy Secretary to Government-II (Enquiry), Panchayati Raj Department, Jaipur. The applicant was given charge after suspension of the petitioner and is not a necessary party in the writ petition.
4. Under Order 1 Rule 10 CPC impleadment of party is permitted in case it appears just to the Court that it is nec
The court ruled that an individual holding charge after the suspension of an elected official is not a necessary party in a writ petition challenging that suspension.
The presence of a party is necessary only if it is essential for the adjudication of the questions involved in the case.
The court affirmed that suspension of an elected representative can occur based on a preliminary enquiry report without prior hearing, provided the charges are grave enough to warrant such action.
The court upheld the suspension of an elected representative based on prima facie evidence of misconduct, emphasizing that judicial review cannot interfere with charge-sheets unless issued by an inco....
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....
Suspension of an elected representative must be based on sufficient grounds and objective satisfaction, not arbitrary or politically motivated actions.
The court ruled that the suspension of an elected Sarpanch was unjustified as the conditions for suspension were not met, emphasizing the distinction between elected representatives and public servan....
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