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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL BENIWAL
Gautam Tak S/o Shri Heera Lal Tak – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. By way of this petition, the petitioner has challenged the order dated 17.09.2025 (Annex.19), passed by the respondents, by which the petitioner has been removed from the post of Chairperson and has also been debarred from contesting election for six years.
2. The learned counsel for the parties were heard on stay application.
3. The brief facts of the case are that the petitioner was elected as the Chairperson of the Municipal Board, Merta City, District Nagaur, on 07.02.2021. Subsequently, a complaint was filed against the petitioner alleging that certain pattas were issued without following due process of law, thereby causing financial loss to the Municipal Board.
3.1 On the basis of the said complaint, the respondent- department issued a show cause notice proposing action against the petitioner under Section 39 of the Rajasthan Municipalities Act, 2009 (for short, “the Act of 2009”). While initiating an inquiry, the petitioner was placed under suspension under (6) of the Act of 2009. Aggrieved by the order of suspension, the petitioner preferred a writ petition before this Court, being S.B. Civil Writ Petition No.14884/2024, wherein a Coordinate Bench of this Court,
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....
Removal of an elected representative requires proof of willful misconduct and adherence to principles of natural justice, not just allegations of negligence.
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.
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.
Removal from elected office must be based on clear, substantiated allegations; arbitrary removal without evidence violates principles of natural justice.
The grounds for removal of an elected official must be justified under the relevant legal provisions, and removal should only be resorted to under grave and exceptional circumstances.
Suspension of an elected representative must be based on sufficient grounds and objective satisfaction, not arbitrary or politically motivated actions.
The court emphasized the importance of not interfering with the election process once initiated and penalized frivolous litigation.
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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