Honble CHAUHAN, J.–The instant writ petition has been filed for quashing the order dated 20.1.2000 (Annx.6), by which petitioner has been removed from the post of Chairman, Municipal Board, Pipar City, district Jodhpur.

(2). The fact and circumstances giving rise to this case are that elections of Municipal Board, Pipar City were held in August, 1995, in which petitioner was elected as a Ward Member from Ward No. 21 and subsequently he was duly elected as the Chairman of the said Board, on 29.8.1995. In 1997, there had been litigation regarding ``No Confidence Motion and the Division Bench judgment of this Court, in D.B. Civil Special Appeal No. 365/1998, passed certain order in favour of the petitioner and in view of the same, he was reinstated. Petitioner was put under suspension after issuing a show cause notice in contemplation of an action u/S. 26 of the Rajasthan Municipalities Act, 1959 (for short, ``the Act). Petitioner filed Writ Petition No. 616/1999 and the Division Bench of this Court, vide order dated 9.3.99, stayed the operation of suspension order and petitioner was allowed to work as the Chairman of the said Municipal Board. Petitioner was served with a show cause notice dated 15.5.99 (Annx.1) for the purpose of holding a judicial inquiry u/S. 63(3) of the Act and a charge sheet as well as statement of allegations were enclosed therewith (Annex.2 and 3 respectively). Petitioner filed reply to the said charges (Annex.4). Ultimately, judicial inquiry report (Annex.5) was submitted, according to which the charges against petitioner stood proved and, thus, it was recommended that he be declared to have incurred disqualification. In pursuance of the said judicial inquiry report, the State Government, vide impugned order dated 20.1.2000, removed the petitioner from the membership of the said Municipal Board and declared him disqualified for contesting election for next five years. Hence this writ petition.

(3). As per the charge sheet served upon the petitioner, it was alleged that as the Chairman of the said Municipal Board, he had granted contracts for construction of the following parts of the roads to his brother Mr. Jawari Lal Tak and, thus, misused his position:-

(a) Pipar City hospital to Gole Piou;

(b) Ram Piou, Sadar Bazar to Ramdeora;

(c) Kaweri Gate to hospital; and

(d) Unchi Adapeda School to Aamaliyawala Well.

(4). In the statement of allegations, it was alleged that whatever work petitioners brother Jawari Lal Tak had completed, he had been made payments of the same. In his reply, petitioner explained that so far as construction of road from Pipar City Hospital to Gole Piou was concerned, a Resolution had been passed by the Board on 11.9.95 and in response of the same, tenders were invited by issuing notice on 4.10.95, which were published in the local news papers and a large number of contractors had applied for it; when the tenders were opened on 18.10.95, the work was assigned to Gafoor Khan Alladeen Khan Malar being the lowest tenderer but he did not start the work inspite of several notices and when the time was over, the Executive Officer, vide order dated 20.11.95, cancelled the work order in his favour; tenders were invited again vide notice dated 7.6.96 in response of which only three contractors submitted the tenders and when the same were opened, Jawari Lal Taks tender was found to be the lowest and, thus, the Executive Officer made a recommendation in his favour; as his brother did not start the work within the time stipulated in the tender, the work-order in his favour was cancelled vide order dated 20.3.97 and the work-order was subsequently issued in favour of another contractor, who completed it; therefore, on the first charge, ultimately nothing turned up even in favour of his brother and petitioner was no-where involved.

(5). So far as second charge for constructing road from Ram Piou, Sadar Bazar to Ramdeora is concerned, tenders were invited on 22.2.96. Jawari Lal Tak-the brother of the peti

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