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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ANOOP KUMAR DHAND
Mahaveer Prasad Gautam, S/o Shri Bhura Lal – Appellant
Versus
State Of Rajasthan, Through Principal Secretary Cum Commissioner, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur – Respondent
| Table of Content |
|---|
| 1. significance of panchayati raj institutions. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. petitioners contest removal without due process. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. respondents argue postponement justified. (Para 17 , 18 , 19) |
| 4. constitutional provisions regarding panchayati raj. (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 5. legal framework for removal from office. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 6. principles of natural justice violated. (Para 33 , 34 , 35 , 36 , 37 , 38 , 39) |
| 7. court quashes removal orders. (Para 40 , 41 , 42) |
| 8. elections must be timely to ensure democracy. (Para 43 , 44 , 45 , 46 , 47 , 48 , 49) |
Order :
ANOOP KUMAR DHAND, J.
For convenience of exposition, this judgment is divided in the following parts:-
| INDEX | |
| (1) | Preface |
| (2) | Factual Matrix |
| (3) | Contentions of the petitioners |
| (4) | Contention of the respondents |
| (5) | Analysis, Discussions & Findings |
| (6) | Conclusion & Directions |
| (7) | Parting Remarks |
Preface
1. The voice of the people is the voice of God. The latin phrase “vox populi, vox Dei” has been used throughout history from time immemorial to suggest that the will of the people is divinely inspired.
2. Father of the Nation, Mahatma Gandhi said “Panchayati
Administrative removals from office under the Rajasthan Panchayati Raj Act necessitate adherence to principles of natural justice, mandating the opportunity for a hearing before any punitive action.
Removal of elected representatives from Panchayati Raj Institutions without a fair hearing violates principles of natural justice and relevant statutory provisions, rendering such orders invalid.
Violation of natural justice principles due to failure to provide key evidence and opportunity to contest allegations under the Panchayat Raj Adhiniyam.
Violation of principles of natural justice in administrative proceedings under Section 40 of the Panchayat Raj Adhiniyam, 1993.
The removal of an elected office-bearer must adhere to principles of natural justice, ensuring a fair opportunity to defend against allegations.
Removal of elected officials must adhere to principles of natural justice, ensuring fair opportunity to defend against charges.
Disqualification of a Panchayati Raj member requires adherence to prescribed inquiry procedures; failing which, actions are illegal and contravene principles of natural justice.
The removal of elected office-bearers requires adherence to principles of natural justice and statutory enquiry provisions.
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