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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 23246/2026 CNR: RJHC010974412026 | URN: CW / 40118U / 2026 Tejpal Mirdha S/o Bhura Ram Mirdha, Aged About 41 Years, Resident Of Ward No. 19, Mirdha Colony, Kuchera, Distrct Nagaur, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary, Department Of Home Affairs, Government Of Rajasthan, Jaipur

2. The Director General Of Police, Anti - Corruption Bureau, Rajasthan, Jaipur

3. The Additional Superintendent Of Police, Anti Corruption Bureau Chowki, Naguar

4. The Chief Election Commissioner, Rajasthan Election Commission, Jaipur

5. The District Collector-Cum-District Election Officer, Nagaur

6. The Returning Officer, (Sub-Divisional Officer-Cum-Sub-

Divisional Magistrate), Municipal Board, Kuchera, District Nagaur.

----Respondents For Petitioner(s) : Mr. Ramawatar Singh Mr. Jai Kishan Mr. Mukesh Kumar Mr. Sumer Singh Gour Mr. Raj Bishnoi Mr. Mahendra Choudhary Mr. Shaitan Singh For Respondent(s) : Mr. Rajendra Prasad, AG, through V.C.

Mr. B.L. Bhati, AAG assisted by Mr. Sandeep Soni Mr. S.S. Ladrecha, AAG assisted by Mr. Ravindra Jala Mr. I.R. Choudhary, AAG assisted by Mr. Kuldeep Singh Solanki and Mr. Vikram Choudhary Mr. Vikas Balia, Sr. Adv. Through V.C.

assisted by Mr. Priyansh Arora HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

ORDER RESERVED ON 20/09/2026 AT 12.30 PM ORDER PRONOUNCED ON 20/09/2026 AT 02:00 PM

1. Although today is Sunday and a holiday, the Hon’ble Chief Justice, upon urgency being shown by the petitioner, has directed that the matter be heard today.

2. Heard on Stay Application No.22385/2026.

3. Shri Ramawatar Choudhary, learned counsel for the petitioner, submits that the petitioner was elected as Ward Member from Ward No.21 of the Municipal Board, Kuchera, District Nagaur, on 14.09.2026. The petitioner has submitted his nomination form for contesting the election to the post of Chairman of the Municipal Board, Kuchera, which is scheduled to be held on 21.09.2026. The nomination form was submitted by the petitioner on 16.09.2026 and the last date for withdrawal of nomination was 18.09.2026.

4. Learned counsel submits that the petitioner had earlier remained Chairman of the Municipal Board, Kuchera, from the year 2015 to 2018. In the year 2018, one Shaitanram Tak, Ward Member from Ward No.03, submitted a complaint before the ACB alleging, inter alia, that during the period from 2015 to 2018, the petitioner, in collusion with Municipal Officers and employees, misused his position by issuing various work orders and committed serious financial, technical and administrative irregularities, resulting in alleged misuse of public funds and violation of the applicable rules.

5. Learned counsel submits that no action whatsoever was taken on the aforesaid complaint for the last eight years. However, now, all of a sudden, after the petitioner has been elected as Ward Member from Ward No.21 and has submitted his nomination form for contesting the election to the post of Chairman of the Municipal Board, Kuchera, the Director-cum-Special Secretary, Department of Local Self Government, vide order dated 18.09.2026, has granted sanction under Section 17-A of the Prevention of Corruption Act, 1988, and FIR No.0268/2026 has been registered against the petitioner. Learned counsel submits that, after registration of the FIR, the respondents are intending to arrest the petitioner so as to deprive him of the opportunity to cast his vote in the ensuing election for the post of Chairman of the Municipal Board, Kuchera.

6. Learned counsel further submits that the FIR registered against the petitioner at 23:58 hours on 18.09.2026 was not uploaded on the official website until 15:30 hours on 19.09.2026. Learned counsel submits that, unless appropriate directions are issued restraining the respondents from arresting the petitioner in connection with FIR No.0268/2026, the petitioner would be deprived of his right to participate