MUBEENA Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) The present petition is directed against the order dated 7/7/2015 (Annexure-5) passed by the respondent No.2 placing the petitioner who is Sarpanch of Gram Panchayat Kakrali, Panchayat Samiti Ramgarh, District Alwar under suspension, in exercise of the powers conferred under Section 38(4) of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as 'the said Act').

(2.) The short facts giving rise to the present petition are that the petitioner had contested the election for the post of Sarpanch of the Gram Panchayat Kakrali, and she was declared elected. The defeated candidate i.e. the respondent No.7 thereafter had filed the election petition before the District Judge, Alwar, challenging the said election alleging that the petitioner did not possess requisite educational qualification, and that she had produced fabricated documents. The respondent No.7 had also filed the criminal proceedings which has been registered as FIR No.85 of 2015 against the petitioner, leveling similar allegations with regard to the fabrication of the documents etc. It appears that on the basis of the said allegations and the proceedings, the respondent No.2 passed the impugned order dated 7/7/2015, placing the petitioner under suspension from the office of Sarpanch in exercise of the powers conferred under Section 38(4) of the said Act, which is challenged by the petitioner by way of present petition.

(3.) The petition has been resisted by the respondent Nos.1 to 4 and 6 by filing the reply contending interalia that the criminal proceedings is already pending against the petitioner with regard to the production of the forged documents and therefore the respondent No.2 was justified in placing the petitioner under suspension, ofcourse it has been stated that the petitioner was not arrested in respect of the said offence and the mentioning about the said fact in the impugned order was wrong. It has further been contended that a preliminary enquiry was already initiated for the allegations made against the petitioner, and therefore the petitioner was liable to be placed under suspension.