DEVENDER SINGH SHEKHAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition, the petitioner seeks to challenge the impugned order dtd. 22/8/2023 whereby he has been placed under suspension under Sec. 39(6) of the Rajasthan Municipalities Act, 2009 (for short 'the Act of 2009') from the office of Member, Ward No.38, Municipal Corporation, Ajmer (for short 'the Corporation').

(2.) The facts, in brief, of the case are that the petitioner was elected as Member from Ward No.38 of the Municipal Corporation, Ajmer on 31/1/2021. He has been placed under suspension vide order dtd. 22/8/2023 by the respondents with the charge that he filed a Civil Suit and power/vakalatnama against the Corporation before the Court of Civil Judge, North, Ajmer, against the mandate contained under Sec. 24(xvi) of the Act of 2009.

(3.) Learned counsel for the petitioner submitted that the petitioner has not filed any suit against the Corporation, he simply signed the power on behalf of the plaintiff in the capacity of an associate junior counsel. The suit was filed by the Counsel Mr.Abhishek Bhargava and only said Mr.Bhargava has appeared on behalf of the plaintiff. The petitioner has not contested and argued in any suit against the interest of the Corporation. Hence, the petitioner has not acted in a disgraceful manner against the interest of the Corporation.