BHUPENDRA SINGHA GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present three writ petitions arise out of the same cause of action and hence, were heard together and are being decided by this common order.

(2.) The facts are that Mr. Hemendra Jat @ Hemraj Jat (petitioner in Writ Petition No.11717/2023, respondent No.5 in Writ Petition No.18334/2023 and respondent No.8 in Writ Petition No.10429/2024)[hereinafter referred to as 'the respondent'] was elected as Sarpanch of Gram Panchayat Mavli, District Udaipur in the year 2020. In the year 2022, a complaint by one Shakeel Ahmed was filed against him, complaining of a demand of bribe for issuance of a patta in his name. On the said complaint, trap proceeding by the Anti Corruption Bureau, Udaipur was undertaken and FIR No.164/2022 was registered against him for the offence under Sec. 7 of the Prevention of Corruption Act, 1988 ('the Act of 1988'). The respondent was arrested qua the said FIR and was released on bail on 11/5/2022. Because of the criminal case been registered against the respondent, he was suspended vide order dtd. 23/5/2022 and on the very next date, i.e. 24/5/2022, the charge of Sarpanch was handed over to Up-Sarpanch Bhupendra Singh Gurjar (petitioner in Writ Petitions No.18334/2023, 10429/2024 and respondent No.5 in Writ Petition No.11717/2023)[hereinafter referred to as 'the petitioner'].

(3.) Respondent Mr. Hemendra Jat preferred a Writ Petition (S.B. Civil Writ Petition No.7964/2022) against the order dtd. 23/5/2022 whereby he was suspended. The said writ petition was disposed of vide order dtd. 30/5/2023 with the following directions: