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IN THE 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 – Respondent
| Table of Content |
|---|
| 1. importance of grassroots democracy. (Para 1 , 2 , 3 , 4 , 5) |
| 2. elected representatives require due process for removal. (Para 6 , 7 , 8) |
| 3. commonality in factual questions across writ petitions. (Para 9) |
| 4. petitioners argue removal lacked due process. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. respondent defends removal as lawful. (Para 17 , 18 , 19) |
| 6. constitutional provisions governing panchayat elections. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 7. required pre-decisional hearing for fair treatment. (Para 28 , 29 , 30 , 31 , 32 , 33) |
| 8. right to fair trial and the principle of natural justice. (Para 34 , 35 , 36 , 37 , 38 , 39) |
| 9. court quashes removal orders due to process violations. (Para 40 , 41 , 42) |
| 10. urgency for timely elections in panchayati raj. (Para 43 , 44 , 45 , 46 , 47 , 48 , 49) |
JUDGMENT :
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 b
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.
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.
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.
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