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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANJEET PUROHIT
Vinod Jeph, S/o. Shri Ram Sahay – Appellant
Versus
State Of Rajasthan through Principal Secretary – Respondent
ORDER :
SANJEET PUROHIT, J.
1. The present writ petition is filed assailing the validity and propriety of the order dated 03.06.2025 (Annx.8) passed by the respondent No. 2 - Divisional Commissioner, Jaipur Division, Jaipur whereby, while invoking the powers under proviso to Section 38 (1) read with (3) of the Rajasthan Panchayati Raj Act, 1994, has declared the petitioner disqualified to contest election for next five years.
2. The writ petition is filed with following facts :-
2.1 The petitioner was elected as the Sarpanch of Gram Panchayat Makri, Panchayat Samiti Neem Ka Thana, District Sikar, and diligently and honestly discharged his duties throughout his five-year tenure. Upon completion of his tenure, by virtue of the Notification dated 13.02.2025, the petitioner was appointed as the Administrator of the said Gram Panchayat.
2.2 It was stated that, owing to political vendetta, a complaint was lodged before the Lokayukta, Government of Rajasthan, alleging irregularities in the development works undertaken by the Gram Panchayat during the petitioner’s tenure. The Office of the Lokayukta forwarded the said complaint to the Chief Executive Officer, Zila Parishad, Sikar, for conduc
Disqualification of a Panchayati Raj member requires adherence to prescribed inquiry procedures; failing which, actions are illegal and contravene principles of natural justice.
The availability of alternative remedy does not bar the exercise of writ jurisdiction when there is a violation of natural justice or when the decision-making process is without jurisdiction.
The main legal point established in the judgment is the mandatory compliance with procedural requirements for initiating the removal and disqualification of an elected member of the Panchayat, includ....
Removal of elected officials must adhere to principles of natural justice, ensuring fair opportunity to defend against charges.
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.
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 District Commissioner lacks jurisdiction to remove a Panchayat member based solely on disqualification claims; such matters must be handled through an election petition post-election results, adh....
The initiation of an enquiry under section 38(1) of the Act of 1994 can occur based on a preliminary enquiry or on information otherwise available with the State Government, as per Rule 22(2) of the ....
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.
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