AI Overview...
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Section 38(4) - Suspension of Panchayat Members and Sarpanchs:
Multiple sources discuss the invocation of Section 38(4) of the Rajasthan Panchayat Raj Act, 1994, which permits the suspension of elected Panchayat members, including Sarpanchs, under specific circumstances such as misconduct or pending criminal trials. The suspension is typically initiated by the State Government or relevant authorities following an enquiry or show-cause notice. Several cases highlight that suspension without proper legal procedures or beyond the scope of the Act may be deemed illegal or unlawful Ganesha Ram VS State of Rajasthan - Rajasthan, Guddi W/o Shri Mahendra VS State of Rajasthan Through Secretary, Panchayati Raj Department - Rajasthan, Gopal @ Ramgopal VS State of Rajasthan - Rajasthan, Habeeba VS State of Rajasthan - Rajasthan. -
Grounds and Procedure for Suspension:
The Act stipulates that suspension can be ordered in cases of grave misconduct, moral turpitude, or pending criminal proceedings, but such actions must follow due process, including enquiry and show-cause notices. For instance, one case notes that suspension on the grounds of pendency of trial for offences involving moral turpitude was challenged and found unsustainable if not supported by proper legal procedures Habeeba VS State of Rajasthan - Rajasthan. The rules also specify that suspension should not be arbitrary and must adhere to prescribed rules like Rule 22(2) of the Rajasthan Panchayat Raj Rules, 1996 Guddi W/o Shri Mahendra VS State of Rajasthan Through Secretary, Panchayati Raj Department - Rajasthan. -
Legal Challenges and Judicial Review:
Several petitions contest the legality of suspensions issued under Section 38(4). Courts have examined whether the suspension was justified, whether proper procedures were followed, and if the grounds were sufficient. In some instances, courts have held that suspension without proper enquiry or on unfounded grounds is unlawful, emphasizing the importance of adherence to procedural safeguards Moola Ram VS State of Rajasthan - Rajasthan, Rameshwar Prasad Soni VS State of Rajasthan - Rajasthan. -
Related Provisions and Comparative Insights:
The Panchayat Raj Act, 1953, and other state acts like Kerala Panchayat Raj Act include similar provisions for reservations and elections, with courts analyzing the correct application of reservation rules and the rotation of reserved offices. The Kerala courts have upheld the reservation rules and the exercise of powers by the State Election Commission under Sections 38(2) and 153(4)(d) JOSE MOONJELY Vs STATE OF KERALA - Kerala, OMANA Vs THE KERALA STATE ELECTION COMMISSION - Kerala.
Analysis and Conclusion:
Section 38(4) of the Rajasthan Panchayat Raj Act, 1994, provides a legal mechanism for suspending Panchayat members, including Sarpanchs, primarily in cases of misconduct or pending criminal trials. However, such suspension must be carried out following due process, including proper enquiry and adherence to procedural rules. Courts have consistently emphasized that suspension without proper legal basis or procedural compliance is liable to be quashed. The legal framework aims to balance the integrity of Panchayat institutions with safeguarding the rights of elected members. Proper application of these provisions ensures transparency and legality in administrative actions concerning Panchayat members Ganesha Ram VS State of Rajasthan - Rajasthan, Guddi W/o Shri Mahendra VS State of Rajasthan Through Secretary, Panchayati Raj Department - Rajasthan, Gopal @ Ramgopal VS State of Rajasthan - Rajasthan, Habeeba VS State of Rajasthan - Rajasthan.
References:
- Rajasthan Panchayat Raj Act, 1994, Section 38(4)
- Rajasthan Panchayat Raj Rules, 1996, Rule 22(2)
- Rajasthan Panchayat Act, 1953
- Kerala Panchayat Raj Act, Sections 38(2), 153(4)(d)
Search Results for "38 4 Panchayat Raj"
2013 0 Supreme(Raj) 1877 • India - Rajasthan
VINEET KOTHARI
Department of the Government of Rajasthan under Section 38(4) of the Rajasthan Panchayat Raj Act, 1994. ... Suspension of Sarpanch - Section 38(4) of Rajasthan Panchayat Raj Act, 1994 - Initiation of enquiry - Criminal proceedings - Interpretation ... 38(4) of the Rajasthan Panchayat Raj Act, 1994 (Act of 1994) alleging that the suspension was illegal as it was passed without giv....
2017 0 Supreme(Raj) 686 • India - Rajasthan
SANGEET LODHA
Rajasthan Panchayat Raj Act, 1994 - Section 38(4) - of Rajasthan Panchayat Raj Rules, 1996 - Rule 22(2) ... Raj Department placing petitioner an elected Sarpanch of Gram Panchayat suspension in exercise of power conferred - Petitioner has ... Competent jurisdiction - Election disqualification - Petition is directed against order issued by joint Secretary Rural Development & Panchayats ... ... This petition is directed against order....
2007 0 Supreme(Raj) 637 • India - Rajasthan
GOPAL KRISHAN VYAS
Rajasthan Panchayat Act, 1953—Sec. 17(4)—Rajasthan Panchayati Raj Act, 1994—Sec. 38(1)(b)—Panchayat—Show-cause notice—Validity—Though ... The respondent Panchayati Raj Deaprtment has issued a show-cause notice to the petitioner on 07.04.1978 along with the enquiry report conducted by the Sub Divisional Officer, Parbatsar to the effect that why the finding be not recorded under the provisions of Section 17 (4) of the Rajasthan #HL_ST....
2002 0 Supreme(Raj) 1264 • India - Rajasthan
SHIV KUMAR SHARMA
Panchayati Raj Act, 1994, Section 38(4) -a member of Panchayat can not be suspended as per rule 38(4) of the act on the ground that ... Raj. ... The contextual facts depict that the petitioner was placed under suspension in view of sub-section (4) of Section 38 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as 'The Act' of 1994). ... Sub-section (4#....
2018 0 Supreme(Raj) 1937 • India - Rajasthan
SANDEEP MEHTA
Rajasthan Panchayat Raj Act - Section 38(4) - Grave misconduct - Educational testimonials tantamount - ... (4) of the Rajathan Panchayati Raj Act. ... Section 17(4) of the Rajasthan Panchayat Act, 1953, reads thus:- "17(4). ... The petitioner Shakuntala is the Sarpanch of the Gram Panchayat Beharwala Kalan, Panchayat Samiti Tibbi whereas, the petitioner Mamta is the Sarpanch of....
2016 0 Supreme(Raj) 527 • India - Rajasthan
AJAY RASTOGI, J.K.RANKA
Raj Institutions by resort to Sections 39 and 38(4) of the Act of 1994. ... Raj Act, 1994 - Section 38(4) - Suspension of Elected Members - Enquiry under Section 39 of the Act of 1994 read with Rule 23 of ... Raj Institutions under Section 38(4) of the Act of 1994." - Held, learned counsel for appellant, since question on merits is not ... The substantial question raised in the batch of writ petitions was whether the Chairperson/Mem....
2018 0 Supreme(MP) 36 • India - Madhya Pradesh
VANDANA KASREKAR
[Paras 10 & 11 ... (4) Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 ... , Janpad Panchayat Tatha Jila Panchayat ke Adhyaksh Tatha Upadhyaksh Ke Virudh Avishwash Prastav) Niyam, 1994 (M.P.) -- R.3(1) - ... [Para 10 ... (2) Panchayat (Gram Panchayat Ke Sarpanch Tatha Up Sarpanch ... After passing of the no-confidence motion against the petitioner, the Sub-Divisional Officer vide letter dated 28.6.2017 has directed the Chief Executive Officer of Janpad Panch....
2017 0 Supreme(Raj) 247 • India - Rajasthan
SANGEET LODHA
Rajasthan Panchayati Raj Act, 1994—Section 38(4)—Suspension of elected Sarpanch of Gram Panchayat—Petitioner has been placed under ... (4) on ground of pendency of trial against petitioner for offences involving moral turpitude is not sustainable in eyes of law. ... inasmuch as, trial commences after framing of charges—Order passed by State Government in exercise of power conferred under Section 38 ... This petition is directed against order dated 17.11.16 issued by t....
2010 Supreme(Online)(KER) 43566 • India - High Court of Kerala
P.N.RAVINDRAN, J
Reservation - Panchayat Elections - Kerala Panchayat Raj Act - Sections 38(2), 153(4)(d) - The court analyzed provisions regarding ... Panchayat Raj Act, and whether the rotation of reserved offices was applied correctly. ... (2) of the Kerala Panchayat Raj Act, and the reservation of the President's office for women was in accordance with the law. ... He submits that the Government have, in exercise of the power conferred on it, un....
2010 Supreme(Online)(KER) 25850 • India - High Court of Kerala
P.N.RAVINDRAN, J
Reservation - Elections - Kerala Panchayat Raj Act - Sections 38(2), 153(4)(d) - The court upheld that the State Election Commission ... The petitioner challenged the State Election Commission's failure to reserve the office of President of the Kozhinjampara Grama Panchayat ... He submits that the Government have, in exercise of the power conferred on it, under section 38(2) of the Kerala Panchayat Raj Act, issued a notification, G.O. ... Now, THERE....
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