KAILASH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition is directed against the order dated 1-7-2000 passed by the Deputy Secretary to the Govt., Local Self-Govt. Department, Jaipur whereby the petitioner, who is the Chairman of Municipal Board, Begun, has been placed under suspension under S. 63(4) of the Rajasthan Municipalities Act.

(2.) The brief facts leading to this case are that : in the last Municipal elections which were held in 1995, the petitioner was elected as Member, Municipal Board, Begun from Ward No. 5. Thereafter, he also came to be elected as Chairman of the said Municipal Board on 3-3-1997. It is alleged that on 14-2-1996 one Rameshwar Sharma made a complaint (Annexure-1) against the petitioner that since the petitioner has filed his Vakalatnama in an appeal (Criminal Appeal No. 9 of 1996 Smt. Kamla Bai v. Municipal Board, Begun) filed by one Smt. Kamla Devi against the Municipal Board, Begun in the Court of learned Additional Sessions Judge No. 2, Chittorgarh, he has incurred disqualification under S. 26(xiii) of the Rajasthan Municipalities Act, 1959 (for short 'the Act').

(3.) The complaint (Annexure/1) itself discloses that the petitioner was employed as a legal practitioner on behalf of Smt. Kamla Bai against respondent-Municipal Board in Cr. Case No. 361 of 1990, which was decided on 11-1-1996 and even after his election as a Ward Member of the respondent-Municipal Board, he continued to engage himself in that case and did not withdraw his power. Moreover, even after the decision in that case on 11-1-1996, he filed an appeal in the Court of learned Sessions Judge No. 2, Chittorgarh. Thus, he has incurred disqualification under S. 26(xiii) of the Act and is, therefore, liable to be prosecuted under S. 63(xiii) of the Act.