Honble PALLI, J. – The petitioner here in this petition has laid challenged to show cause notice dated 30th November,1994 (Annex.7) and order of suspension dated 23rd Feb.1995 (Annex.9).

(2). Municipal Elections were held in Begu District Chitorgarh in the year 1990.It is alleged in the petition that the petitioner belongs to Congress party. The total strength of the Board consists of 13 members,12 members belongs to Congress party and one to Bhartiya Janta Party. Admittedly the term of the elected members of the Board is five years. One Smt. Chanchal Lata Surana w/o Shri Balwant Surana is presently the Vice Chairman of the Municipal Board. Her husband is the Chairman of the block of Congress party. Due to rivalries Smt. Chanchal Lata and her husband ever since the petitioner has been elected as President, have been creating problems in his way by making false and frivolous complaints with the motive that the Vice Chairman occupies the position of the Chairman.

(3). It is further said in the petition that since the Bhartiya Janta Party is presently ruling in the State of Rajasthan and is opposed to the ideology of the Congress party,further problems have been created for the petitioner by the local B.J.P. M.L.A. and by the Government.

(4). A question was also raised on the floor of the Legislative Assembly as back as in 1992 and allegations were levelled against the petitioner regarding unauthorised possession and illegal encroachments and for that purpose Annexs.1 and 2 have been placed on record. This was done by the M.L.A. who represents Begu constituency in the assembly. Soon after this the petitioner received a show cause notice dated 16th September, 1992 as to why action should not be taken against him under section 63 of the Rajasthan Municipal Act, 1959 (hereinafter referred to as the Act).This notice has been placed on record as Annex.3. Reply to this notice was given by the petitioner and soon thereafter a letter was received from the Joint Legal Remembrancer, State of Rajasthan intimating to the petitioner that an enquiry into the matter has been referred to him. This letter is Annex.4.

(5). The matter did not rest here and a complaint was filed by Sh.Balwant Surana who happens to be the husband of the Vice Chairman of the Board in order to brighten the chances for his wife becoming a Chairman. This complaint was made through the Local Member of the Legislative Assembly reference to whom has already been made above in the order and this complaint was made to the Minister, Local Self Government. Complaint dated 3rd Feb.1994 has been placed as Annex.5.

(6). Another complaint was filed by Chetan Das Vaishnav who happens to be the Chairman of the Bhartiya Janta Party Mandal Begu. This was in reference to the enquiry that was started in the year 1992 and this complaint is Annexure 6, on the record.

(7). A show cause notice was again issued on 30th November 1994 under Sec. 63 of the Act asking the petitioner to put in the reply. This show cause notice Annex.7 is under challenge in this petition. Reply to this notice was also filed on 12th December, 1994 vide Annex.8.

(8). Vide order dated 23rd Feb.,1995 (Annex.9) which again is under challenge, the petitioner was intimated that prima facie serious charges have been found again him and there being a chance of the enquiry being effected, it was considered not to allow him to function as Chairman of the Board and, therefore, he is put under suspension.

(9). The petitioner has also made reference to the charges which are subject matter of enquiry. These charges are six in number.In the first two charges the petitioner is blamed for not convening the meetings of the Board regularly, the third charge relates to some works undertaken without inviting tenders, the fourth charge relates to certain irregularities in the purchase of some items which were essentially required, fifth charge is regarding installation of the statues of Smt.Indira Gandhi and Shri Rajiv Gandhi and the sixth charg

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