SAROJ CHOTIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner Smt. Saroj Chotiya, by this writ petition, has challenged (i) the validity of Section 26(xiv) and its proviso (e) of the Rajasthan Municipalities Act, which provide general disqualification for the person to be elected as a Member, who has more than two children; and (ii) the legality and correctness of the order dated 13-1-97 (Annexure 4) by which the petitioner was put under suspension.

(2.) Petitioner Smt. Saroj Chotiya, on 28-9-95, was declared elected as a Member of the Municipal Board , Ratangarh from Ward No. 12. On 9-12-95 she gave birth to the third child. On 30-11-96, a notice under Section 63 of the Rajasthan Municipalities Act (for short, 'the Act') was issued to the petitioner by the Deputy Secretary, Local-Self Government, by which she was asked to explain why she should not be removed from the post of the Member of the Board as she has incurred the disqualification under Section 26 of the Act by giving birth to the third child. She filed reply to this notice. After considering the petitioner's reply, the petitioner was put under suspension and the matter was referred for a judicial enquiry.

(3.) The petitioner challenges this Order Annexure 4 as well as the validity of Section 26(xiv) and proviso (e) of the Act on the ground that the State Government has no power to suspend the petitioner before conducting any enquiry and the suspension of the petitioner is mala fide. The validity of Section 26(xiv) and proviso (e) has been challenged on the ground that this Section is violative of Articles 14 and 21 of the Constitution of India (i) being discriminatory; (ii) the amended provision is contrary to the mandate given by the Constitution; (iii) the Section is against the basic human dignity and the basic institution of marriage and human behaviour; (iv) there is no co-relation of these provisions with the object sought to be achieved; and (v) the right of equality to hold the Office has been taken away.