INDRA DUDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In the petition filed by elected Pradhan of Panchayat Samiti Chirawa, District Jhunjhunu challenging the suspension order dtd. 12/10/2024, the application (IA No.1/2024) under Order 1 Rule 10 CPC is filed by the elected member of the Panchayat Samiti holding charge in place of suspended Pradhan.

(2.) Learned counsel for the applicant argues that the petitioner is an elected member of the Panchayat Samiti and is a necessary party in the writ petition. The contention is that after suspension of the petitioner charge of the Pradhan has been given to the applicant and should be impleaded as respondent. Reliance is placed upon the decision of this Court in D.B. Special Appeal (Writ) No. 940/2023 titled as Kamlesh Devi Vs. Hazari Lal Bairwa and Ors. decided on 23/7/2024.

(3.) As per contra, the suspension order is passed by the Additional Commissioner and Deputy Secretary to Government-II (Enquiry), Panchayati Raj Department, Jaipur. The applicant was given charge after suspension of the petitioner and is not a necessary party in the writ petition.