CHIMNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant writ petition has been filed for quashing the order dated 20-1-2000 (Annex. 6), by which petitioner has been removed from the post of Chairman, Municipal Board, Pipar City, District Jodhpur.

(2.) The facts and circumstances giving rise to this case are that elections of Municipal Board, Pipar City were held in August, 1995, in which petitioner was elected as a Ward Member from Ward No. 21 and subsequently he was duly elected as the Chairman of the said Board, on 29-8-1995. In 1997, there had been litigation regarding "No Confidence Motion" and the Division Bench judgment of this Court, in D. B. Civil Special Appeal No. 365/1998 (reported in AIR 1999 Raj 93), passed certain order in favour of the petitioner and in view of the same, he was reinstated. Petitioner was put under suspension after issuing a show cause notice in contemplation of an action under Section 26 of the Rajasthan Municipalities Act, 1959 (for short, "the Act"). Petitioner filed Writ Petition No. 616/1999 and the Division Bench of this Court, vide order dated 9-3-99, stayed the operation of suspension order and petitioner was allowed to work as the Chairman of the said Municipal Board. Petitioner was served with a show cause notice dated 15-5-99 (Annx. 1) for the purpose of holding a judicial inquiry under Section 63(3) of the Act and a charge-sheet as well as statement of allegations were enclosed therewith (Annexs. 2 and 3 respectively). Petitioner filed reply to the said charges (Annx. 4). Ultimately, judicial inquiry report (Annx. 5) was submitted, according to which the charges against petitioner stood proved and, thus, it was recommended that he be declared to have incurred disqualification. In pursuance of the said judicial inquiry report, the State Government, vide impugned order dated 20-1-2000, removed the petitioner from the membership of the said Municipal Board and declared him disqualified for contesting election for next five years. Hence this writ petition.

(3.) As per the charge-sheet served upon the petitioner, it was alleged that as the Chairman of the said Municipal Board, he had granted contracts for construction of the following parts of the roads to his brother Mr. Jawari Lal Tak and, thus, misused his position :-