MAMTA DEVI VALMIKI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these writ petitions involve common questions of facts and law and are thus being decided together by this single order.

(2.) The petitioner Shakuntala is the Sarpanch of the Gram Panchayat Beharwala Kalan, Panchayat Samiti Tibbi whereas, the petitioner Mamta is the Sarpanch of the Gram Panchayat Salemgarh masani, Panchayat Samiti, Tibbi. Both were elected as in the election year 2015. The petitioner Shakuntala was placed under suspension by the Divisional Commissioner, Bikaner vide order dated 15.2018 and the petitioner Mamta was placed under suspension by the same authority vide order dated 10.1.2018 respectively. Both these orders were passed on the ground that the competent Court had framed charges against the petitioners in the criminal cases instituted with the allegations of having contested the elections on the basis of fake educational testimonials.

(3.) The impugned orders are challenged principally on the ground that the Divisional Commissioner does not have jurisdiction to place an elected Sarpanch under suspension by resorting to the State Government's notification dated 28.9.1999 as modified by notification dated 22.2008.