VIMLA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) PETITIONER was elected as a Member from Ward No. 15 of Municipal Board, Padampur in the election held in August, 1995 and was thereafter also elected as Chairperson of the Board. The impugned order was made to remove the petitioner from Chairperson as well as membership of the Board and she was declared disqualified to contest any election for five years, which reads as under: .........[vernacular ommited text]...........

(3.) MR . Rajesh Joshi, learned Counsel appearing for respondent No. 1, has contended firstly that because no finding on the competence of SDO to act as enquiry officer has been recorded by the Court in earlier writ petition filed by the petitioner against order of suspension, though such grievance was raised by the petitioner, the petitioner is debarred from raising such plea in this petition on the principles of constructive res judicata. It was also urged that since enquiry envisaged under Section 63(2) is a judicial enquiry to be conducted by a judicial officer of the rank of a District Judge and the findings recorded in such enquiry is binding on the State Govt. inasmuch as the State Govt. has to make an order in conformity with those findings, the principles of natural justice requiring furnishing a copy of the enquiry report and findings to the concerned member of the Board are by necessary implication excluded. At any rate merely because of non -supply of the enquiry report it cannot be inferred that any prejudice has been caused to the petitioner on account of non -supply of the enquiry report unless the petitioner establishes that any prejudice has been caused, the order passed on the basis of such enquiry cannot be set aside. He places reliance on the decision of this Court in Smt. Sushilla Dugar v. State of Rajasthan and Ors. S.B. Civil Writ Petition No. 1129/2000, decided on July 28, 2000. It will be appropriate to refer to the provisions of Section 63 in order to appreciate and analyse the contentions raised before me by the respective parties.