KANA RAM Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 17.6.2002 with a prayer that by an appropriate writ, order or direction, the order dated 9.5.2002 (Annex. 3) by which the petitioner was suspended from the office of Sarpanch, Gram Panchayat, Bajwas by respondent No. 2 (Divisional Commissioner), Ajmer exercising the powers under Section 38(4) of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as the Act of 1994) and placing reliance on the circular dated 16.5.2000 (Annex. 4) issued by the respondent No. 1 (the Government of Rajasthan) be quashed and set aside.

(2.) THE facts of the case as put forward by the petitioner are as under:

(3.) REPLY to the writ petition was filed by the respondents and it has been submitted by the respondents that the petitioner had become ineligible to hold the office of Sarpanch for the simple reason that he had more than two children and as such he was disqualified and that is why the notice dated 5.2.2002 (Annex. 1) was issued by the respondent No. 2 (Divisional Commissioner, Ajmer) and the petitioner submitted reply (Annex. P -2) to the notice dated 5.2.2002 on 13.3.2002 and thereafter the parties were required to submit their evidence and the next date of hearing was fixed as 22.4.2002. On 22.4.2002, the petitioner sought adjournment and the next date of hearing was fixed as 29.4.2002 and since on that date, the petitioner did not appear, therefore, he was rightly put under suspension by order dated 9.5.2002 (Annex. 3) passed by the respondent No. 2 (Divisional Commissioner, Ajmer) Hence, this writ petition should be dismissed.