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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI
Monika, W/o Shri Omprakash – Appellant
Versus
State Of Rajasthan, Through The Secretary, Local Self Department – Respondent
JUDGMENT :
(NUPUR BHATI, J.)
1. The instant writ petitions have been filed by the petitioner under Article 226 of the Constitution of India. The S.B.C.W.P. No.13740/2024 has been filed challenging the order dated 13.08.2024 (Annex.15) whereby the petitioner has been placed under suspension. The S.B.C.W.P. No.2420/2024 has been filed challenging order dated 06.02.2024 (Annex.3) whereby an enquiry was initiated against the petitioner. The S.B.C.W.P. No.10455/2024 has been filed challenging the order dated 21.06.2024 (Annex.11) whereby a show cause notice has been issued against the petitioner seeking explanation from the petitioner for the charges framed against her. As common question of law and facts are involved in these writ petitions, the same are being decided by this common order and the facts of S.B.C.W.P. No.13740/2024 are being taken illustratively.
2. Briefly stated the facts of the case are that the petitioner was elected as councilor in the year 2021 and subsequently was elected as Chairperson of the Municipal Board, Nohar. During her tenure as Chairperson, a complaint dated 25.01.2024 (Annex.1) was filed by Mr. Dinesh Singh Bhati against the petitioner before the Director-
Suspension of an elected representative must be based on sufficient grounds and objective satisfaction, not arbitrary or politically motivated actions.
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.
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.
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.
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 affirmed that the State Government can suspend a Sarpanch based on inquiry initiation, even without a preliminary report, provided the member is given an opportunity to explain.
Point of law: power of suspension may be invoked by the State Government, if the proceedings have been commenced for removal of a member as provided under subsection (1) of Section 39 of the Act of 2....
Suspension of an elected public representative must adhere to procedural fairness while upholding the integrity of judicial inquiries, as misconduct undermines public trust.
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