Smt. Meenu W/O Shri Annu vs State Of Rajasthan
2022 Latest Caselaw 3159 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 4710/2022

Smt. Meenu W/o Shri Annu, Aged About 28 Years, R/o Delhi
Gate, Ward No. 27, Kanma, District Bharatpur, At Present
Suspended Member Of Ward No. 27 Of Municipal Board, Kanma,
District Bharatpur.
                                                                        ----Petitioner
                                     Versus
1.      State Of Rajasthan, Through Secretary, Department Of
        Local Self, Government Of Rajasthan, Jaipur.
2.      Director And Joint Secretary (Enquiry), Department Of
        Local Self, Government Of Rajasthan, Jaipur.
3.      Judicial    Enquiry        Officer,       Special         Secretary,       Law,
        Secretariat, Jaipur.
4.      Dy,   Director      Regional,        Department            Of     Local     Self,
        Government Of Rajasthan, Bharatpur.
5.      Executive     Officer,      Municipal        Board        Kanma,         District
        Bharatpur.
                                                                   ----Respondents

For Petitioner(s) : Mr. Nikhlesh Katara, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

19/04/2022

Learned counsel for the petitioner submitted that the

petitioner in the present case has challenged the order dated

22.02.2022, whereby, petitioner has been placed under

suspension and notice dated 04.03.2022, whereby, proceedings

were initiated against the petitioner under Section 39 of Rajasthan

Municipalities Act, 2009.

Learned counsel for the petitioner submitted that in respect

of the same allegation of giving birth to third child after cut off

(2 of 2) [CW-4710/2022]

date, election petition has been filed against the petitioner and the

petitioner has also filed reply to the said election petition.

Learned counsel for the petitioner submitted that the alleged

disqualification of giving birth to third child after cut off of date is

a pre-election disqualification and same cannot be proceeded

against the petitioner in view of the judgment passed by this

Court in the case of Smt. Sameera Bano & Etc. Vs. State of

Rajasthan & Ors. (2007) AIR (Raj.) 168.

Learned counsel for the petitioner also places a reliance on a

judgment passed by Principal Seat at Jodhpur in the case of

Julfikar Ali Bhutto Vs. State of Rajasthan & Ors., 2016 (3)

W.L.N. 43 and order passed in the case of Bhupendra Singh

Huda and Ors. Vs. State of Rajasthan and Ors., 2016 (1)

W.L.N. 423.

Issue notice of the writ petition as well as stay application

returnable on 09.05.2022. Notices be given 'dasti' if prayed.

In the meantime, the effect an operation of suspension order

dated 22.02.2022 shall remain stayed and petitioner will be

allowed to continue as she was continuing prior to passing of the

suspension order dated 22.02.2022.

(ASHOK KUMAR GAUR),J

Ramesh Vaishnav /86/Bhavnesh Kumawat

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