NANA DEVI Vs. STATE

JUDGEMENT

(1.) SINCE both the petitions filed by self-same petitioner raising common issue, hence at request, were finally heard together for its disposal by this order at admission stage.

(2.) PETITIONER who is a resident of village Amarpura was elected as Sarpanch of gram Panchayat, Guwadi-Panchayat Samiti Phagi (Jaipur) in January, 2005. As alleged, she contested election of Sapranch as a candidate of Indian National Congress party which is not a ruling party in the State; thus a conspiracy was hatched by members of party in power to remove her from office of Sarpanch for one reason or the other. As alleged, initially action was taken U/s 39 of Rajasthan panchayatiraj Act, 1994 (Act, 1994) for cessation of her membership of a Panchayati raj institution on the premise that she has more than two children; and for which, inquiry was initiated U/s 39 of the Act and was placed under suspension which was revoked and enquiry could not be proceeded further in view of judgment of this Court in Smt. Sameera Bano Vs. State of Rajasthan (2007 (2) WLC (Raj.) 526 ).

(3.) AT the same time, a complaint was made by one Rameshwar S/o Laxman Meena, on which preliminary inquiry was conducted by Sub-Divisional Officer, Phagi, District Jaipur who sent report to the Deputy Collector on 11/10/06 (Ann. 5-CWP-6273/07) holding that on most of issues allegations were not correct and left the matter further to be inquired by a technical person, which was forwarded vide letter dt. 20/10/06 (Ann. 6) to the Divisional commissioner despite the fact that there was no adverse report, rather allegations were found to be of minor in nature. But, for a alleged misconduct committed as Sarpanch of panchayatiraj Institution, petitioner was served a notice U/s 38 (1) (b) of the Act along with charge sheet and statement of allegations issued on 30/04/07 (Ann. 1), to which she submitted her reply.