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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL BENIWAL
Sarla Devi W/o Sh. Rati Ram – Appellant
Versus
State Of Rajasthan, Through The Principal Secretary, Local Self Government Department – Respondent
JUDGMENT :
SUNIL BENIWAL, J.
1. The petitioner has preferred the present writ petition with the following prayers:-
“(i) The impugned order dated 19.06.2025 (Annexure-18) may kindly be declared illegal and the same may kindly be quashed and set aside.
(ii) The respondents may kindly be directed to allow the petitioner to discharge duties as Chairperson and member of Municipality, Napasar.
(iii) The respondent authorities may kindly be restrained from undertaking inquiry under Section 39 of the Act of 2009 against the petitioner.”
2. The facts in nutshell are as under:-
2.1 The petitioner was elected as the Sarpanch of Gram Panchayat Napasar on 10.10.2020. Due to a staff shortage, the Gram Panchayat, during Gram Sabha meetings held on 20.11.2020 and 21.12.2020, decided to temporarily appoint three persons, namely, Kalyan Singh (Panchayat Assistant), Gajendra Pareek (Chowkidar), and Prem Singh (Peon) on a fixed remuneration basis, effective from 25.10.2020 and 21.12.2020.
2.2 Subsequently, on 25.02.2021, the Gram Panchayat sought approval for these contractual appointments from the Block Development Officer, Panchayat Samiti, Bikaner.
2.3 Following a complaint regarding these appointments,
Inquiry for misconduct can be continued under new municipal laws despite earlier proceedings, preventing double jeopardy while ensuring accountability.
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 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 official under ongoing criminal proceedings is valid, yet procedural fairness in disciplinary inquiries must be maintained—misconduct finding quashed for lack of hearing.
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.
Disqualification of a Panchayati Raj member requires adherence to prescribed inquiry procedures; failing which, actions are illegal and contravene principles of natural justice.
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 representative must be based on sufficient grounds and objective satisfaction, not arbitrary or politically motivated actions.
The court established that suspension of a Sarpanch is permissible when an inquiry is initiated under the relevant provisions of the Rajasthan Panchayati Raj Act and Rules.
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