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2000 Supreme(Raj) 4

ARUN MADAN
Chhagan Kanwar Rathore – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
G.K. Garg, for Petitioner M. Rafiq, Additional Advocate General Ashish Joshi, for Applicant

Honble MADAN, J.–By way of this writ petition, Smt. Chhagan Kanwar Rathore (petitioner) has sought direction for quashing : (1) show cause notice dt. 17.3.99 (Ann. 1) and (2) order dt. 21.7.99 (Ann. 4), by which she has been suspended from the post of Chairman and Member of Municipality, Sarwar by the State Govt. in exercise of power u/S. 63(4) of the Rajasthan Municipalities Act, 1959 (for short, ``the Act).

(2). Factual matrix necessary to decide the controversy raised at the bar is thus. Undoubtedly, the petitioner in an election held in the year 1975 was elected as Member of the Municipal Board, Sarwar (for brevity the Board) and whereupon she had been also elected as Chairperson in August 1995 and since then she has been Chairperson of the Board. The petitioner states that she belongs to the Bhartia Janta Party; that in 14th Assembly Elections in the Rajasthan State, Congress (I) Party members formed new government and since she being member of Bhartia Janta Party (BJP) opposed in the 14th assembly election against Congress (I) party candidate Shri Babulal Singaria (respondent No.3) who has been elected as Member of Legislative Assembly from Kekri constituency which covers area






































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