MEENA SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition is directed against the order dated 22.7.2004 whereby the petitioner was removed from the post of Chairperson and further declared disqualified for contesting the election for six years.

(2.) Brief facts of the case are that the petitioner was elected as a member of Municipal Council, Alwar on 27.11.1999 and was also elected as Chairperson of Municipal Council on 28.11.1999. A complaint was lodged against the petitioner regarding irregularities committed by him as Chairperson. Comments were asked from the Commissioner, Municipal Council and the same were sent vide letter dated 4.8.2001 to Deputy Director. Thereupon, a notice was issued by the Deputy Secretary, Department of Local Self on 16.9.2003 to the petitioner whereby four charges were levelled against the petitioner. On the basis of enquiry report submitted by the Deputy Director, explanation of the petitioner was sought within 10 days of notice, failing which proceedings under section 63 of the Rajasthan Municipalities Act, 1959 were to be initiated.

(3.) The petitioner has challenged the impugned order on the ground that the respondents have not followed the mandatory procedure as stipulated under section 63, which is necessary for removal of a member and no enquiry whatsoever has been conducted as per the provisions of Rajasthan Municipalities Act, 1959 and rules made thereunder.