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Nirmal Pitaliya - Rajasthan Municipalities Act, 2009, Section 39, and judicial rulings related to suspension and removal of elected representatives.
The courts have addressed the legality of suspensions under Section 39, emphasizing that proceedings commence when the State decides to take action against an elected member (Sources: Mithu Bothra W/o Navratan Bothra VS State Of Rajasthan - Rajasthan, Bharat Lal Saini S/o. Shri Nandlal Saini VS State of Rajasthan, Through Principal Secretary, Local Self Government Department, Government of Rajasthan - Rajasthan, Sarla Devi W/o Sh. Rati Ram vs State Of Rajasthan, Through The Principal Secretary, Local Self Government Department - Rajasthan).
Judicial interpretations clarify that suspension must follow due process, and the phrase proceedings have commenced is crucial in determining the validity of suspension orders (Sources: Sarla Devi W/o Sh. Rati Ram vs State Of Rajasthan, Through The Principal Secretary, Local Self Government Department - Rajasthan, Bharat Lal Saini S/o. Shri Nandlal Saini VS State of Rajasthan, Through Principal Secretary, Local Self Government Department, Government of Rajasthan - Rajasthan, Devender Singh Shekhawat VS State of Rajasthan - Rajasthan).
The courts have examined whether suspensions are in accordance with the procedures laid down in the Rajasthan Municipalities Act, 2009, and relevant case law, including decisions in Nirmal Kumar Pitaliya’s case, which has been cited in multiple judgments to support legal reasoning on suspension validity.
The Supreme Court and High Court have reiterated that suspension or removal should be based on proper proceedings, and any deviation or arbitrary action can be challenged legally (Sources: Mithu Bothra W/o Navratan Bothra VS State Of Rajasthan - Rajasthan, Sarla Devi W/o Sh. Rati Ram vs State Of Rajasthan, Through The Principal Secretary, Local Self Government Department - Rajasthan, Devender Singh Shekhawat VS State of Rajasthan - Rajasthan, Nirmal Kumar Pitaliya S/o Shri Himmat Singh Pitaliya VS State of Rajasthan - Rajasthan).

Analysis and Conclusion:
Nirmal Pitaliya’s case underscores the importance of procedural correctness under the Rajasthan Municipalities Act, 2009, especially Section 39, regarding suspension of elected representatives. Courts have consistently held that suspension must be based on initiated proceedings and proper legal process. The judicial rulings, including those citing Nirmal Kumar Pitaliya, affirm that arbitrary or unwarranted suspensions are subject to judicial review, ensuring accountability and adherence to constitutional principles. The case highlights the judicial scrutiny applied to executive actions against municipal officials in Rajasthan, emphasizing procedural fairness and legal compliance.

Search Results for "Nirmal Pitaliya Rajasthan"

Mithu Bothra W/o Navratan Bothra VS State Of Rajasthan

2023 0 Supreme(Raj) 812 • India - Rajasthan

PUSHPENDRA SINGH BHATI

Constitution of India, 1950 – Article 226 – Civil Procedure Code, 1908 – Section 114 –Rajasthan Municipalities ... interim order by this Hon’ble Court, and therefore, suspension order passed by respondent against petitioner under Section 39 of Rajasthan ... Civil Writ Petition No.759/1984, decided on 09.05.1985); (b) Nirmal Kumar Pitaliya Vs State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 17285/2021, decided on 01.02.2022). 5. ... State of Rajasthan & Ors. (D.B. Civil Special A....

Sarla Devi W/o Sh. Rati Ram vs State Of Rajasthan, Through The Principal Secretary, Local Self Government Department

2025 0 Supreme(Raj) 1877 • India - HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

SUNIL BENIWAL

(A) Rajasthan Panchayati Raj Act, 1994 - Sections 38 and 78 - Rajasthan Municipalities Act, 2009 - Section 39 - Writ petition concerning ... In support of his submissions, he relied on the judgment of a Coordinate Bench of this Court in Nirmal Kumar Pitaliya v. State of Rajasthan; S.B. ... 11.3 The learned Senior Counsel for the respondents relied upon a judgment of a Coordinate Bench of this Court in Nirmal Kumar Pitaliya (supra), to contend that the State Governm....

Monika, W/o Shri Omprakash vs State Of Rajasthan, Through The Secretary, Local Self Department

2025 0 Supreme(Raj) 1689 • India - HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

NUPUR BHATI

(A) Constitution of India - Article 226 - Rajasthan Municipalities Act, 2009 - Section 39 - Suspension of elected representative ... Learned AAG, while placing reliance upon the judgment passed by a co-ordinate bench of this court in Nirmal Kumar Pitaliya v. ... It is important to note here that the phrase ‘proceeding have commenced’ as used under Section 39 (6) of the Act has been interpreted by a coordinate bench of this court in Nirmal Kumar Pitaliya (Supra), wherein it has been held that the proceed....

Bharat Lal Saini S/o. Shri Nandlal Saini VS State of Rajasthan, Through Principal Secretary, Local Self Government Department, Government of Rajasthan

2023 0 Supreme(Raj) 58 • India - Rajasthan

MAHENDAR KUMAR GOYAL

State of Rajasthan & Ors., S.B. Civil Writ Petition No.21332/2019 & dated 01.02.2022 in case of Nirmal Kumar Pitaliya Vs. State of Rajasthan & Ors., S.B. Civil Writ Petition No.17285/2021. 7. Heard. Considered. ... Similarly, in case of Nirmal Kumar Pitaliya (supra), this Court held as under:- “(50) According to this Court, commencement of proceedings is the point of time, when the State Government decides to take action against an elected representative.

Munesh Gurjar W/o Sushil Gurjar vs State of Rajasthan

2025 0 Supreme(Raj) 1915 • India - HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

ANOOP KUMAR DHAND

(A) Rajasthan Municipalities Act, 2009 - Section 39 - Suspension of elected Mayor - The petitioner challenged the suspension on grounds ... State of Rajasthan & Ors. while deciding S.B. Civil Writ Petition No.14381/2023, decided on 21.11.2023. 3.Nirmal Kumar Pitaliya Vs. State of Rajasthan & Ors. ... State of Rajasthan and Ors. , [S.B. ... The State of Rajasthan reported in 1995 SCC OnLine Raj 303 , decided on 07.08.1995. 2.Vimla Devi (Smt.) Vs. State of Ra....

Devender Singh Shekhawat VS State of Rajasthan

2023 0 Supreme(Raj) 1493 • India - Rajasthan

ANOOP KUMAR DHAND

Suspension - Member of Municipality - Rajasthan Municipalities Act, 2009 - Sections 39(1), 39(3), 39(6) - The court interpreted ... Issues: Whether the suspension of the petitioner was valid under the Rajasthan Municipalities Act, 2009, considering the lack ... Counsel submits that overlooking the law laid down in the aforesaid judgments, on the issue of suspension, the coordinate Bench of this Court has taken a contrary view in the case of Nirmal Kumar Pitaliya Vs. State of Rajasthan reported in 2022 ....

Nirmal Kumar Pitaliya S/o Shri Himmat Singh Pitaliya VS State of Rajasthan

2022 0 Supreme(Raj) 123 • India - Rajasthan

DINESH MEHTA

Rajasthan Municipalities Act, 2009 - Section 39 read with Section 43(10) - Removal/non-removal of member ... State of Rajasthan [1962 RLW 184] (ii) Mohan Lal v. State of Rajasthan [1963 RLW 463] (iii) Jan Mohd. v. ... State of Rajasthan (1) a Division Bench of this Court consisting of the Chief Justice and Mr. ... State of Rajasthan. 46. Jan Mohd. v. ... State of Rajasthan (1962 RLW, 184 : ILR 1961 11, Raj., 892) a Division Bench of this Court consisting of the Chief Justice and Mr. ......

• India - Rajasthan High Court Principal Seat Jodhpur

• India - Rajasthan

No. 3208/2021 Nirmal Pitaliya S/o Shri Himmat Singh Pitaliya, Aged About 42 HIGH COURT OF JUDICATURE FOR RAJASTHAN AT State Of Rajasthan, Through Pp span style="font-family

• India - Rajasthan High Court Principal Seat Jodhpur

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