HARLAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Mr. Shishodia, learned counsel for the petitioner, narrating the facts appertain to the present case, submits that Chimna Ram had already filed a writ petition being S.B. Civil Writ Petition No. 4546/2015, seeking petitioner's ouster with a further prayer to lodge an FIR against him, inter alia levelling allegation of producing a forged mark-sheet for his candidature as member of Zila Parishad, Churu. It has also been submitted that the interim order passed by this Court allowing amendment in the prayer clause of the writ petition has been set aside by the Division Bench of this Court on 13/12/2017, whereafter, the said Chimnaram proceeded to file an FIR against the petitioner on 25/1/2019, inter alia levelling allegation that the petitioner has contested election on the basis of a forged mark-sheet. In furtherance of such FIR, the petitioner came to be arrested and remained in police custody, until he was released on bail by this Court, vide its order dtd. 31/5/2019.

(2.) On the very same day, when this Court granted bail, the respondents have passed the impugned order dtd. 31/5/2019 and placed the petitioner under suspension, in purported exercise of powers under Sec. 38(4) of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act of 1994').

(3.) Mr. Shishodia, learned counsel for the petitioner, submits that the impugned order is not only a result of political rivalry, but the same is without jurisdiction; only an FIR has been lodged and no charges have been framed against the petitioner; hence it cannot be said that a case involving moral turpitude is pending in the competent court, for which he can be placed under suspension invoking provisions of Sec. 38(4) of the Act of 1994.