VIMAL VYAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Smt. Vimla vyas, having been elected as Member of the municipal Board, Merta City and then as chairperson of the said Municipal Board; but having been removed from the Office of chairperson and as Member of the Board after a judicial enquiry and having also been debarred from contesting the elections for next six years, challenges such action of the state Government by way of this writ petition.

(2.) BRIEFLY put, the background facts and aspects of the matter are that the petitioner smt. Vimla Vyas, after being elected as a member of the Municipal Board, Merta City, came to be elected to the office of the chairperson of the said Municipal Board. The petitioner was, however, put under suspension by an order made by the State Government on 15-11-2006 (Annex. 1) in contemplation of enquiry under Section 63 of the rajasthan Municipalities Act 1959 ('the Act of 1959' ). Aggrieved of such suspension order, the petitioner preferred a writ petition to this Court, being CWP No. 6647/2006, wherein an interim was passed on 29-11-2006 (Annex. 3) staying the operation of the impugned order. Thereafter, the petitioner was served with a charge-sheet (Annex. 4)levelling the allegation that she failed to call for a requisite meeting and in the meeting as convened on 27-2-2006, failed to incorporate in the agenda items a representation made by certain councillors. It is the case of the petitioner that the enquiry pursuant to the said charge-sheet is still pending.

(3.) HOWEVER, the State Government again placed the petitioner under suspension by the order dated 11-6-2007 (Annex. 5) with the observations that in view of the preliminary enquiry on other allegations, it was decided to put the matter to judicial enquiry, and for the likelihood of interference with the enquiry proceedings, she was required to be placed under suspension.