Rajasthan High Court
Paras Kumar Jain S/O Sh. Rajendra ... vs State Of Rajasthan on 13 July, 2021
Bench: Indrajit Mahanty, Satish Kumar Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 6664/2021
Paras Kumar Jain S/o Sh. Rajendra Jain, Aged About 40 Years,
R/o 67/64, Heera Path, Mansarover, Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary To The
Government Of Rajasthan, Department Of Local Self
Government, Administrative Secretariat, Jaipur.
2. The Director Cum Special Secretary, Local Bodies,
Government Of Rajasthan, Department Of Local Self
Government, Near Civil Lines Railway Crossing, Jaipur.
3. Commissioner, Municipal Corporation, Jaipur Greater, Lal
Kothi, Tonk Road, Jaipur.
4. Deputy Director (Regional), Local Self Government
Department, New Colony Near Hotel Welcome,
Panchbatti, Jaipur.
----Respondents
D.B. Civil Writ Petition No. 6671/2021
Ajay Singh Chouhan S/o Rajendra Singh Chouhan, Aged About
31 Years, R/o C-62, Taranagar, Jhotwara, Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary To The
Government Of Rajasthan, Department Of Local Self
Government, Administrative Secretariat, Jaipur.
2. The Director Cum Special Secretary, Local Bodies,
Government Of Rajasthan, Department Of Local Self
Government, Near Civil Lines Railway Crossing, Jaipur.
3. Commissioner, Municipal Corporation, Jaipur Greater, Lal
Kothi, Tonk Road, Jaipur.
4. Deputy Director (Regional), Local Self Government
Department, New Colony Near Hotel Welcome, Panch
Batti, Jaipur.
----Respondents
D.B. Civil Writ Petition No. 6674/2021
Shankar Sharma S/o Sh. Narayan Lal Sharma, Aged About 48
Years, R/o 86/167 Sector 8 Pratap Nagar, Sanganer, Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary To The
Government Of Rajasthan, Department Of Local Self
(2 of 3) [CW-6664/2021]
Government, Administrative Secretariat, Jaipur.
2. The Director Cum Special Secretary, Local Bodies,
Government Of Rajasthan, Department Of Local Self
Government, Near Civil Lines Railway Crossing, Jaipur.
3. Commissioner, Municipal Corporation, Jaipur Greater,
Lal Kothi, Tonk Road, Jaipur.
4. Deputy Director (Regional), Local Self Government
Department, New Colony Near Hotel Welcome, Panch
Batti, Jaipur.
----Respondents
For Petitioner(s) : Mr. KK Sharma, Senior Adv. with
Mr. MS Rajpurohit and Ms. Alankrita
Sharma
For Respondent(s) : Mr. MS Singhvi, AG assisted by Mr.
Siddhant Jain and Mr. Darsh Pareek
Mr. Anil Mehta, AAG assisted by Mr.
Yashodhar Pandey and Ms. Archana
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SATISH KUMAR SHARMA
Order
13/07/2021
Defects pointed out by the Registry in above petitions are
waived.
These D.B. Civil Writ Petitions have been filed challenging the
vires of Section 39(1)(D)(II), (III) and (VI) of the Rajasthan
Municipalities Act 2009 and to issue directions to quash the order
dated 06.06.2021 whereby the membership of the petitioners as
members of Ward Nos. 72, 39 and 103 respectively of the
Municipal Corporation, Jaipur Greater have been suspended under
Section 39(6) of the Rajasthan Municipalities Act, 2009.
On hearing Mr. KK Sharma, learned senior advocate for the
petitioners and on perusal of the record we find that the same
controversy has already been decided by the Coordinate Bench of
this Court by order dated 28.06.2021 in D.B. Civil Writ Petition No.
(3 of 3) [CW-6664/2021]
6485/2021 titled Smt. Somya Gurjar W/o Shri Rajaram
Gurjar Versus State of Rajasthan and ors. whereby the
constitutional validity of above provisions has been upheld and the
prayer to set aside the order of suspension passed against the
Mayor has been turned down. Therefore, being squarely covered
by the said judgment dated 28.06.2021, the present petitions are
disposed of accordingly.
(SATISH KUMAR SHARMA),J (INDRAJIT MAHANTY),CJ
RAHUL CHHIKARA /09-11
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