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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
| Table of Content |
|---|
| 1. overview of writ petitions and related background. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments against the revocation of suspension. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. initial issues identified for determination. (Para 16 , 17) |
| 4. legality of the suspension order. (Para 18 , 19) |
| 5. review of the enquiry and its compliance with law. (Para 20 , 21 , 22) |
| 6. analysis of the revocation of the suspension order. (Para 23 , 24 , 25 , 26 , 27 , 28) |
| 7. disqualification considerations under the act of 2009. (Para 29 , 30 , 31) |
| 8. final determination on orders and procedures. (Para 32) |
| 9. conclusion and disposition of petitions. (Para 33 , 34) |
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 Shake
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 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 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.
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....
The court ruled that the suspension of an elected Sarpanch was unjustified as the conditions for suspension were not met, emphasizing the distinction between elected representatives and public servan....
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.
The court established that the suspension under Section 38(4) of the Rajasthan Panchayati Raj Act, 1994, was justified when the petitioner was found involved in a corruption case and the procedural r....
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....
Suspension of an elected representative is valid when misconduct is established, with the suspension being justified under relevant statutory provisions, ensuring accountability and public confidence....
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.
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