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2024 Supreme(Raj) 2362

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Rekha Borana
Bhupendra Singh Gurjar S/o Shri Brij Lal Gurjar – Appellant
Versus
State Of Rajasthan, Through The Secretary, Department Of Rural Development And Panchayati Raj – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sanjay Nahar for Mr. Bhupendra Singh Gurjar
For the Respondent: Mr. Manish Patel, AAG with Ms. Neelam Sharma, Mr. Monal Chugh for Mr. Rajesh Panwar, AAG, Mr. J.S. Bhaleria for Mr. Hemendra Jat @ Hemraj Jat

ORDER :

REKHA BORANA, J.

1. The present three writ petitions arise out of the same cause of action and hence, were heard together and are being decided by this common order.

2. The facts are that Mr. Hemendra Jat @ Hemraj Jat (petitioner in Writ Petition No.11717/2023, respondent No.5 in Writ Petition No.18334/2023 and respondent No.8 in Writ Petition No.10429/2024)[hereinafter referred to as ‘the respondent’] was elected as Sarpanch of Gram Panchayat Mavli, District Udaipur in the year 2020. In the year 2022, a complaint by one Shakeel Ahmed was filed against him, complaining of a demand of bribe for issuance of a patta in his name. On the said complaint, trap proceeding by the Anti Corruption Bureau, Udaipur was undertaken and FIR No.164/2022 was registered against him for the offence under Section 7 of the Prevention of Corruption Act, 1988 (‘the Act of 1988’). The respondent was arrested qua the said FIR and was released on bail on 11.05.2022. Because of the criminal case been registered against the respondent, he was suspended vide order dated 23.05.2022 and on the very next date, i.e. 24.05.2022, the charge of Sarpanch was handed over to Up-Sarpanch Bhupendra Singh Gurjar (petit

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