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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
DINESH MEHTA
Narendra Kumar Khodaniya S/o Shri Ratanlal Khodaniya – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
DINESH MEHTA, J.
1. Instant writ petition calls in question the order dated 09.04.2025, whereby the State Government has suspended the petitioner from the post of Chairperson and Member, Municipal Board, Sagwara in exercise of the powers conferred under Section 39 (6) of the Rajasthan Municipalities Act, 2009 (hereinafter referred to as ‘the Act of 2009’).
2. Mr. Balia, learned senior counsel for the petitioner at the outset submitted that this Court had extensively heard this case on 25.05.2025 and Mr. Sandhu’s arguments have duly been noticed in the proceedings of such date. Instead of repeating those arguments, he began from the point where the matter was concluded on 25.05.2025. Hence, in order to collate the facts and contentions, the submissions made on the previous date and the hearing of 03.07.2025 are being noticed conjointly.
3. Learned counsel for the petitioner navigated the Court through various resolutions adopted by the Municipal Board on 27.07.2006 (Annexure-1); 21.08.2008 (Annexure-2); 08.10.2012 (Annexure-3); 05.09.2013 (Annexure-4) and 05.07.2021 (Annexure-5) and submitted that for the last 15 years, different Boards of the Municipality have decided to de
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.
Suspension of an elected representative must be based on sufficient grounds and objective satisfaction, not arbitrary or politically motivated actions.
The court ruled that the suspension of an elected representative must not be discriminatory, emphasizing the shared responsibility of all officials in the verification process.
The court reaffirmed that the duties of a Chairperson under the Rajasthan Municipalities Act must be upheld, and failure to oversee actions leading to financial loss constitutes misconduct warranting....
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 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.
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 upheld the suspension of an elected Chairperson for misconduct, emphasizing the necessity of conducting mandatory meetings as per statutory requirements.
Inquiry for misconduct can be continued under new municipal laws despite earlier proceedings, preventing double jeopardy while ensuring accountability.
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