Dilip Kumar Parmar vs The State Of Rajasthan
2021 Latest Caselaw 15475 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13406/2021

Dilip Kumar Parmar S/o Shri Nathu Lal Parmar, Aged About 40 Years, R/o Village And Post Parsoliya Marg, Nai Abadi, Garhi, Tehsil Garhi, District Banswara (Raj).

----Petitioner

Versus

The State Of Rajasthan, Through Director Cum Special Secretary Department Of Local Self, Government Of Rajasthan, Jaipur.

                                                                    ----Respondent


For Petitioner(s)            :     Mr. P.R. Mehta
                                   Mr. Nishant Upadhyay
For Respondent(s)            :     Mr. Sunil Beniwal, AAG



               HON'BLE MR. JUSTICE VIJAY BISHNOI

                               Judgment / Order

05/10/2021

This writ petition has been filed by the petitioner being aggrieved

with the order dated 21.09.2021 (Annex.-8) passed by the Assistant

Director (Vigilance), Local Self Department, Government of Rajasthan,

Jaipur whereby the petitioner, who is the chairman of the Municipal

Board, Partapur- Gharhi, District Banswara, has been suspended while

invoking powers under Section 39 (6) of the Rajasthan Municipalities

Act, 2009 (for short 'the Act of 2009'). It is mentioned in the order

dated 21.09.2021 (Annex.-8) that the State Government has found that

the allegation of having more than three children after the cut off date

is prima facie true and, as such, the petitioner is not entitled for

working as a Chairman of the Municipal Board, Partapur-Gharhi, District

Banswara till the conclusion of enquiry initiated against him under

Section 39(1) of the Act of 2009.

(2 of 2) [CW-13406/2021]

Learned counsel for the petitioner has submitted that the alleged

disqualification, on the basis of which, the enquiry under Section 39 of

the Act of 2009 has been initiated against the petitioner is certainly a

pre election disqualification and for a pre election disqualification,

proceedings under Section 39 of the Act of 2009 cannot be initiated.

Learned counsel for the petitioner has placed reliance on a Full

Bench decision of this Court rendered in Sameera Bano Vs. State of

Rajasthan & Ors., reported in 2007(2) DNJ (Raj.) 858 and a

decision of Single Bench of this Court rendered in Julfikar Ali Bhutto

Vs. State of Rajasthan & Ors. (SBCWP No.1399/04). Learned

counsel has also placed reliance on an order dated 02.07.2021 passed

in SBCWP No.7908/2021 (Balwant Vs. State of Rajasthan & Ors)

and order dated 28.07.2021 passed by the Division Bench of this Court

in DB Special Appeal Writ No.388/2021 (Baitul Bano Vs. State of

Rajasthan & Ors).

Learned counsel Mr. Sunil Beniwal, AAG prays for some time to file

reply to the writ petition, however, he has opposed the prayer made by

learned counsel for the petitioner for staying the impugned order.

Time prayed for is granted to file reply to the writ petition.

List on 26.10.2021.

In the meantime, effect and operation of orders dated 15.09.2021

(Annex.-4) and 21.09.2021 (Annex.-8) shall remain stayed.

The State is free to move an application for vacation of interim

order along with the reply.

(VIJAY BISHNOI),J

Surabhii/247-

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