ISHWAR PARASHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard Mr. Himmat Singh, learned counsel for the petitioner and Shri Mohd. Rafiq, AAG for the State.

(2.) With the consent of the parties, the matter was finally heard. The petitioner is an elected member of Municipal Board, Pushkar, Ajmer. The petitioner's membership of the Municipal Board was suspended by the State Government by passing an order under S. 63(4) of the Rajasthan Municipalities Act, 1959. The petitioner has challeged that suspension in this petition.

(3.) The learned counsel for the petitioner pointed out that in the order suspending the membershiip of the petitioner, the only reason for such suspension given is that continuation of the petitioner as a member of the Municipal Board is likely to influence the enquiry pending against him. According to the learned counsel, discharging functions as a member of Municipal Board is in no case prejudicial to holding of a fair enquiry in the matter and that cannot be a ground on the basis of which an elected member can be stopped from performing his duties as a member of the Municipal Board.