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 and disqualification.

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, vide order dated 06.01.2025, stayed the suspension order and directed that the judicial inquiry be completed within a period of two months.

3.2 The Judicial Officer proceeded to hold the petitioner guilty vide order dated 28.02.2025. Based on the said report, the petitioner was removed from the post of Chairperson by order dated 11.03.2025. Aggrieved thereby, the petitioner filed S.B. Civil Writ Petition No.6098/2025, which was allowed vide order dated 24.04.2025. The Court set aside the order dated 11.03.2025 and directed the State Government to seek a fresh explanation from the petitioner, consider the same objectively, and thereafter pass appropriate orders.

3.3 In compliance with the aforesaid order dated 24.04.2025, the petitioner submitted a detailed representation. However, the same was rejected vide order dated 30.06.2025, whereby the petitioner was again removed from the post of Chairperson and further declared disqualified from contesting elections for a period of six years w.e.f. 28.02.2025.

3.4 Aggrieved by the order dated 30.06.2025, the petitioner preferred another writ petition, being S.B. Civil Writ Petition No.12663/2025, which was allowed vide order dated 26.08.2025. The Court directed the respondents to decide the matter afresh while ensuring strict compliance with the order dated 24.04.2025 passed in S.B. Civil Writ Petition No.6098/2025. In compliance thereof, the respondents passed the present impugned order dated 17.09.2025, whereby the petitioner has once again been removed from the post of Chairperson and debarred from contesting elections for a period of six years. Hence, the present writ petition.

4. Learned Senior Counsel, Mr. Ravi Bhansali, assisted by Mr. Vishal Sharma, appearing on behalf of the petitioner submitted that, by the impugned order, the petitioner has not only been removed from the post of Chairperson but has also been debarred from contesting elections for a period of six years w.e.f. 28.02.2025.

4.1 It is contended that the authorities have passed the impugned order in a cyclostyled manner without considering the detailed explanation submitted by the petitioner.

4.2 From the record, it is evident that the petitioner could not, in any manner, be held guilty of the charges levelled against him.

4.3 Both the charges framed against the petitioner pertain to the issuance of pattas. While justifying the circumstances in which petitioner signed pattas, the learned Senior Counsel stated that it was, in fact, the duty of the subordinat