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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI, J.
Monika, W/o Shri Omprakash - Petitioner
Versus
State Of Rajasthan, Through The Secretary, Local Self Department and Ors. – Respondents
S.B. Civil Writ Petition No. 13740 of 2024 Connected With S.B. Civil Writ Petition No. 2420 of 2024, S.B. Civil Writ Petition No. 10455 Of 2024
Decided On : 12-03-2025
(A) Constitution of India - Article 226 - Rajasthan Municipalities Act, 2009 - Section 39 - Suspension of elected representative - Petitioner challenged suspension order and show-cause notices issued against her based on complaints and FIRs - Enquiry found no offence committed by petitioner - Court quashed the order of enquiry initiated against the petitioner, citing lack of sufficient grounds for suspension - The court emphasized that suspension should not be arbitrary and must be based on objective satisfaction of the State Government. (Paras 1, 9, 10, 37)
(B) Judicial Review - The court held that while it cannot substitute its discretion for that of the State Government, it can examine whether the satisfaction for suspension was arrived at objectively or arbitrarily. (Paras 30, 34)
Facts of the case:
The petitioner, an elected Chairperson, faced complaints leading to suspension orders based on allegations of misconduct and issuance of patta to her husband. Enquiry reports indicated no wrongdoing. (Paras 2, 8, 36)
Findings of Court:
The court found that the suspension order lacked sufficient grounds and quashed the enquiry initiated against the petitioner. (Paras 9, 10, 37)
Issues: The main issues included whether the suspension was justified and if the State Government acted arbitrarily. (Paras 34, 36)
Ratio Decidendi: The court ruled that the State must have sufficient reasons for suspension, and such actions should not be arbitrary or politically motivated. (Paras 30, 34)
Result: The writ petition was allowed, and the suspension order was quashed. (Paras 10, 39)
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-cum-Joint Secretary, Directorate, Local Self Department, Jaipur (Respondent No.2) requesting her suspension on the basis of FIR Nos.479/2023 and 440/2023 filed against her. Subsequently, the respondent no.2, on instructions of Hon’ble Minister, Urban Development and Local Self Government Department (Independent Charge), Government of Rajasthan, appointed District Collector, Hanumangarh vide order dated 06.02.2024 (Annex.3) for enquiring the allegations levelled against her in the complaint (Annex.1). The Additional District Collector, Nohar submitted the report dated 09.02.2024 (Annex.4) wherein, the finding was given that FIRs have been falsely lodged against the petitioner and no offence has been found to be committed by the petitioner. Subsequently, the Additional District Collector, Nohar vide order dated 13.02.2024 (Annex.5) directed Sub-Divisional Officer, Nohar to make enquiry in the same matter. Thus, aggrieved by the order dated 06.02.2024 (Annex.3) the petitioner filed S.B.C.W.P. No.2420/2024 before this court. Subsequently, a show-cause notice dated 23.02.2024 (Annex.7) under Section 39 (1) of the Rajasthan Municipalities Act, 2009 (hereinaftere as ‘the Act’) was issued to the petitioner seeking explanation on the charges as framed against her therein. On 26.02.2024 the petitioner filed an additional affidavit highlighting the subsequent development in the matter and this court vide interim order dated 26.02.2024 (Annex.8) restrained the respondents from passing any order placing the petitioner under suspension. In the meanwhile the petitioner filed the reply dated 26.02.2024 (Annex.9) to the show-cause notice dated 23.02.2024 (Annex.7) denying the charges as framed thereunder.
2.1. Subsequently, Mr. Gurusevak Singh Dhariwal filed the complaint dated 08.03.2024 (Annex.10) before the Hon’ble Chief Minister, Government of Rajasthan alleging inter-alia the illegality on the part of the petitioner in issuance of patta. Thereafter, the respondent no.2 issued show-cause notice dated 21.06.2024 (Annex.11) under Section 39 (1) of the Act to the petitioner seeking explanation on the charges as framed against her thereunder. Aggrived by the show-cause notice dated 21.06.2024 (Annex.11), the petitioner filed S.B.CWP No.10455/2024 before this court. In the meanwhile the petitioner filed reply (Annex.13) to the show-cause notice dated 21.06.2024 (Annex.11) denying the charges as framed thereunder.
2.2. Thereafter, the respondents, after considering the reply (Annex.11) of the petitioner and the enquiry report dated 12.06.2024 (Annex.R/1), vide order dated 13.08.2024 (Annex.15) placed the petitioner under suspension under Section 39 (6) of the Act and also initiated judicial enquiry against her under Section 39 (3) of the Act. Aggrieved by the order dated
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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