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2011 Supreme(Raj) 545

MOHAMMAD RAFIQ
Ganesh Choudhary – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
S.K. Saksena, for Petitioners;
Jinesh Jain, Government Counsel, for Respondents

Hon'ble RAFIQ, J.—These two writ petitions raise identical questions of facts and law, therefore, they are being decided together.

2. Writ petition No. 10903/2009 has been filed by Ganesh Choudhary, who was elected as Sarpanch of Gram Panchayat Rammilia, Panchayat Samiti Bhinai, District Ajmer, in January, 2005, assailing show-cause-notice dated 21.7.2009 (Annexure-1) issued by respondent No. 2 Divisional Commissioner, Ajmer, vide which proceedings of his removal under Section 38 of the Rajasthan Panchayati Raj Act, 1994 (for short, `the Act of 1994') were initiated and enquiry-report dated 1.7.2009 of the Additional Chief Executive Officer, Zila Parishad, Ajmer, on which basis aforesaid show-cause notice was issued.

3. Writ petition No. 8011/2008 has been filed by Smt. Jadav Bharti, who was elected Sarpanch of Gram Panchayat Bhawani Kheda, Panchayat Samiti Pisangan, District Ajmer, assailing charge-sheet/notice dated 29.7.2008 (Annexure-1) under Section 38 of the Act of 1994, whereby she has been asked to submit explanation on various financial irregularities.

4. Shri S.K. Saksena, learned counsel appearing on behalf of petitioners, argued that aforesaid enquiry report and show cause













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