TARARAM MALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Feeling aggrieved with the order dated 05.08.2019, issued by the State Government - Director and Joint Secretary, Local Self Department, placing him under suspension, the petitioner - elected Chairman of the Municipal Council, Sirohi, has approached this Court, invoking its writ jurisdiction under Article 226 of the Constitution of India.

(2.) Succinctly stated the facts pertinent to the present case are that the petitioner was firstly elected as a councilor and thereafter was elected as Chairman of Municipal Council, Sirohi. According to the petitioner, out of the 25 wards, comprising of Municipal Council, Sirohi, 8 councilors belong to Congress, 14 councilors belong to BJP, while 3 councilor were independent, who elected the petitioner (a BJP Candidate) as Chairman of Municipal Council in the year 2014.

(3.) The impugned order dated 05.08.2019, placing the petitioner under suspension, was issued in exercise of powers available under Section 39(6) of the Rajasthan Municipalities Act, 2009 (hereinafter referred to as 'the Act of 2009'). The order of suspension was preceded by a show cause notice dated 11.07.2019, wherein it was indicated that in furtherance of a complaint filed by the leader of opposition, a preliminary inquiry was got conducted by the respondent No.3 - Deputy Director (Regional), Local Self Department, Jodhpur, who has reported that there is prima facie evidence of irregularities committed as the Chairman.