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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
JUSTICE ANOOP KUMAR DHAND, J
Mamta Choudhary W/o Shri Rakesh Choudhary – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The instant writ petition has been filed against the impugned order dated 07.10.2024 passed by the respondents in exercise of the powers contained under Section 39(6) of the Rajasthan Municipalities Act, 2009 (for short ‘the Act of 2009’) by which the petitioner, elected Chairperson, Municipal Council, Dausa has been placed under suspension.
2. Learned counsel for the petitioner submits that the petitioner was elected as Chairperson, Municipal Council, Dausa on 13.12.2020. Thereafter, a show cause notice along with charge-sheet was served upon her with regard to certain irregularities found in her functioning. Counsel submits that vide show cause notice dated 10.09.2024, five charges were levelled against the petitioner. Counsel for the petitioner submits that none of the charges, levelled against the petitioner, refer to any functional irregularities or financial loss caused by the petitioner to the respondents. Counsel submits that the charges are not such, which require suspension of a public representative. Counsel submits that the enquiry was initiated on the basis of some complaints made against the petitioner, wherein charges were levelled but the preliminary enquir
The court upheld the suspension of an elected Chairperson for misconduct, emphasizing the necessity of conducting mandatory meetings as per statutory requirements.
The court established that suspension of a municipal member can occur without prior notice if proceedings have commenced, interpreting the relevant sections of the Rajasthan Municipalities Act, 2009.
Suspension of an elected representative must be based on sufficient grounds and objective satisfaction, not arbitrary or politically motivated actions.
Point of Law : Municipal Corporation - Suspension order - Suspension of a Chairman or a Member of a Municipal Board pending enquiry being an interim measure, suspension does not result in civil or ev....
The court established that pre-election disqualifications can be addressed under Section 39 of the Rajasthan Municipalities Act, allowing for suspension of members.
The court emphasized that the suspension of elected representatives should be exercised with caution and only on substantial grounds, safeguarding their public reputation and rights.
Inquiry for misconduct can be continued under new municipal laws despite earlier proceedings, preventing double jeopardy while ensuring accountability.
The principle of equality before the law mandates that individuals in similar situations must be treated equally, and arbitrary actions by authorities are subject to judicial review.
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