DAYAWATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is the elected Srapanch of Gram Panchayat Gandala, Panchayat Samiti Behror, District Alwar. Counsel submits that soon after the petitioner being elected as Srapanch, some complaints were made against her for misconduct and delinquency and consequently vide order dt. 04.08.2011 an inquiry has been initiated against her under Sec. 38 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter 'the Act of 1994') where the allegation is that the petitioner without following the due process of law had arbitrarily and mala fide removed "Pacca" construction of Smt. Ladho W/o Late Dilip Singh Yadav in a hasty and discriminatory manner. The show cause notice alleges that the action aforesaid constituted a misuse of power and was misconduct in law. The petitioner has been required to file her reply to the show cause notice in her defence. On query being made by this Court, counsel for the petitioner concedes that the enquiry under Sec. 38 of the Act of 1994 is pending against the petitioner and the petitioner is participating in the said enquiry. As the petitioner is availing of her remedy correctly and defending herself in the enquiry there is no occasion for this Court to entertain this petition. Even otherwise the counsel for the petitioner has not been able to make out any case of excess of jurisdiction in the holding of an enquiry against the petitioner for misconduct detailed and alleged. this Court cannot and should not interfere in such situations and restrain the statutory authorities from exercising their power under the governing statute.

(2.) IN view of above, I find no reason to interfere in the writ petition and the writ petition is dismissed as such. Stay application is also stands dismissed.