BHARAT LAL SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) At the outset, learned counsel for the petitioner confines his relief in the writ petition to the challenge to the order dtd. 25/8/2022.

(2.) This writ petition is filed by the petitioner, a suspended Chairperson and Member of the Nagar Palika, Todaraisingh, District Tonk for quashing and setting aside the order dtd. 25/8/2022 whereby, he has been placed under suspension.

(3.) The relevant facts in brief are that the petitioner, an Elected Member and Chairperson of the Municipal Council Todaraisingh, District Tonk was arrested on 18/7/2022 in a bribery case whereupon, an FIR No.288/2022 dtd. 19/7/2022 came to be registered against him under Ss. 7 and 7A of the Prevention of Corruption (Amendment) Act, 2018 (for brevity, "the Amendment Act of 2018) and Sec. 120-B of the Indian Penal Code (for brevity, "IPC"). Vide order impugned dtd. 25/8/2022, the petitioner has been placed under suspension under Sec. 39(6) of the Municipalities Act, 2009 (for brevity, "the Act of 2009") which has been challenged by way of this writ petition on the premise of it being violative of the mandatory provisions under Sec. 39 of the Act of 2009.