KRISHNA BHATIA Vs. STATE OF RAJASTHAN & ANR

JUDGEMENT

(1.) BY way of this writ petition, the petitioner has challenged memorandum of charges dated 4.10.04 and order dated 20.10.04, issued by the Deputy Secretary, Department of Local Self, Government of Rajasthan, whereby the petitioner has been removed from the post of Chairperson and Member of Municipal Board, Suratgarh and further she has been declared disqualified to contest the elections of Municipal Board, Suratgarh, for a period of six years.

(2.) THE relevant facts are that the petitioner was elected as Member of Municipal Board, Suratgarh from the Ward No.11 in the elections held in the month of November,1999. The election for the post of Chairperson of the Municipal Board was held wherein one Shri Purkha Ram was elected as Chairperson. However, a 'No Confidence Motion' was passed against Shri Purkha Ram and in his place, Hardev Sahai was elected as Chairperson, who was also removed from the office by way of 'No Confidence Motion' in the year 2002. Thereafter, the petitioner was elected as Chairperson of the Municipal Board, Suratgarh on 7.1.03.

(3.) ON the basis of a complaint received, a preliminary inquiry was conducted into the allegations levelled against the petitioner. The petitioner was served with a notice dated 3.6.04 seeking explanation in respect of the allegations levelled, which was responded to by the petitioner by filing a reply thereto. Vide order dated 7.8.04, the petitioner was placed under suspension and vide yet another order dated 10.8.04 one Smt. Shanti Meghwal, a member of the Municipal Board was appointed as caretaker Chairperson. Aggrieved by the suspension order dated 7.8.04, the petitioner filed a writ petition before this court being S.B.C.Writ Petition No.3433/04 wherein on 17.08.04 this court while issuing notices to the respondents, stayed the operation of the suspension order. However, after hearing both the parties, the writ petition was dismissed by this court vide order dated 28.9.04 and a direction was issued to the respondents to complete the inquiry against the petitioner within a period of two weeks. Aggrieved thereby, the petitioner preferred a special appeal being D.B.C.Special Appeal No.657/04 before the Division Bench of this court, wherein, vide order dated 5.10.04, the operation of the suspension order was stayed. However, the State Government was permitted to complete the inquiry.