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NUPUR BHATI
Chandrashekhar Mewara S/o Sh. Chhaganlal – Appellant
Versus
State of Rajasthan through Secretary to the Government, Rural Development and Panchayati Raj Department Jaipur – Respondent
ORDER :
Nupur Bhati, J.
1. Though the matter was listed in the 'Fresh' category, upon the joint request of both the counsel, the matter was heard finally on 27.11.2024.
2. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India challenging the order dated 01.07.2024 passed by the respondent no. 2, Joint Secretary-cum-Deputy Commissioner (Enquiry), Rural Development and Panchayati Raj Department, Jaipur, whereby the petitioner has been suspended from the post of Sarpanch.
2. The writ petition has been preferred with the following prayers:-
(A) The impugned order dated 01.07.2024 (Annex.3) passed by the respondent no.2 may kindly be quashed and set aside;
(B) Any other appropriate order, which this Hon'ble Court deems fit and proper in the facts and circumstances of the case, may kindly be passed in favour of petitioner.
(C) Allow cost of the writ petition to the petitioner.”
3. Briefly stated, the facts of the case are that the petitioner was elected as Ward Panch while his wife was elected as the Sarpanch of t
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....
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....
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.
The court established that suspension of a Sarpanch is permissible when an inquiry is initiated under the relevant provisions of the Rajasthan Panchayati Raj Act and Rules.
The court established that the suspension under Section 38(4) of the Rajasthan Panchayati Raj Act, 1994, was justified when the petitioner was found involved in a corruption case and the procedural r....
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.
An elected representative cannot be placed under suspension in a routine manner and the government must satisfy itself that the charges are of a grave nature and that the continuation of the incumben....
Procedural fairness requires authorities to provide reasons when suspending elected representatives; mechanical actions without due justification are invalid.
Suspension of an elected representative must be based on sufficient grounds and objective satisfaction, not arbitrary or politically motivated actions.
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