Honble TATIA, J.–The petitioner was elected as Member of the Municipal Council, Pali in the month of November, 2004 from Ward No.11 on the basis of ticket given by the Congress Party and was elected as Chairman of the Municipal Council, Pali on 27-11-2004. The petitioner has been suspended from the post of Chairman,Municipal Council, Pali by the State Government under Section 63(4) of the Rajasthan Municipalities Act, 1959 vide order dated 11-6-2007, hence the petitioner in this writ petition has challenged the order passed by respondent no.1 dated 11-6-2007 (Annex.11) by which the petitioner has been suspended from the post of Chairman, Municipal Council, Pali.

(2). According to the petitioner he was discharging the duties with utmost sincerity and honesty. In last more than two and half years of the tenure, no serious complaint of any misconduct has been made against the petitioner except some false complaints made by Shri Gyan Chand Parakh, MLA, Pali. Because of prejudice of rival political party, the ruling party in the State of Rajasthan and the petitioner being member of Congress Party, the complaints were submitted against the petitioner by the local MLA. The petitioner also submitted that he is aspirant for the MLA seat from Pali as Congress Party candidate, therefore, the local sitting MLA who is from BJP wants to tarnish the image of the petitioner. On the basis of these complaints, the Additional Director, Directorate, Local Bodies came to Pali for enquiry. The Additional Director conducted the thorough enquiry in each and every allegation levelled in the complaints and has thereafter submitted his report on 24-1-2007. The copy of the complaints made against the petitioner, in bunch has been placed on record as Annex-1-The copy of the enquiry report dated 24-1-2007 has been placed on record as Annex-2- According to the petitioner, in the said report dated 24-1-2007 submitted by the Additional Director, Local Bodies to the Government, has proposed some action against the LDC and UDC of the Municipal Council, Pali but gave a specific finding that the Chairman-petitioner is not involved in tempering with the record of the Municipal Council, Pali particularly in the pattas of some plots for which complaints have been lodged. In the report it is also specifically observed that when the irregularity in respect of Pattas no.5 and 23A came in the knowledge of the Chairman, he immediately stopped permission of the construction over the said plots. However, in the report it is mentioned that the Chairman has adopted a lax attitude by not filing FIR in the police. It was further observed in the report that in the matter of land allotment to INTUC, a wing of the Congress Party, the Commissioner as well as the Chairman of the Board have not taken effective proceedings when the INTUC has used the plot allotted on concessional rate for commercial purposes by raising several shops over it and, therefore, the explanation should be sought from the Commissioner/Chairman of the Municipal Council, Pali .

(3). On 2-2-2007, the petitioner received an order from respondent no.2-Deputy Secretary, Local Self Department, Government of Rajasthan, Jaipur, who directed the petitioner to lodge the FIR with the police in respect of irregularity found in the various Pattas in the enquiry report (Annex.2). The petitioner also received another notice of the same date i.e. 2-2-2007 whereby the petitioner was asked to submit his explanation in respect of not filing FIR in the cases of Plots no.5 and 23A and for not taking any further action in the case of use of concessional rate allotted land by the INTUC for commercial purpose after giving notice under Section 170 of the Act of 1959. The copy of this notice is also placed on record as Annex-4- According to the petitioner, on receipt of the order dated 2-2-2007 (Annex.3), on the next day on 3-2-2007, the petitioner submitted a report to the SHO, Police Station, Kotwali and requested him to lodge FIR. Th

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