Rajasthan High Court
Smt. Meenu W/O Shri Annu vs State Of Rajasthan on 29 March, 2022
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4710/2022
Smt. Meenu W/o Shri Annu
----Petitioner
Versus
State Of Rajasthan & Ors.
----Respondents
For Petitioner(s) : Mr. Nikhlesh Katara
For Respondent(s) : Mr. Sunil Kumar Singodiya
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
29/03/2022
The matter comes up on an application (1/2022) filed by
Shivram Saini seeking his impleadment as party-respondent.
Learned counsel for the applicant submits that the petitioner,
an elected Ward Member, has been placed under suspension on
his complaint and hence, he may be impleaded as party-
respondent.
Per contra, learned counsel for the petitioner submitted that
it is a lis in between her and the official respondents in which
complainant is neither necessary nor a proper party. He, in
support of his submissions, relied upon the judgment of the
Hon'ble Apex Court in India in case of Poonam Vs. State of U.P.
& Ors.: 2016 (2) SCC 779 and a co-ordinate Bench order of this
Court in case of Banwari Lal Gurjar Vs. State of Rajasthan &
Ors., 2013 (3) DNJ 1057.
Heard. Considered.
Indisputably, the order under challenge in this writ petition
has been passed by the official respondents. It being a lis in
(2 of 3) [CW-4710/2022]
between the petitioner and the official respondents, the applicant,
the complainant does not appear either to be necessary or proper
party to the litigation.
A co-ordinate Bench of this court has, in case of Banwari
Lal Gurjar (supra), held as under:
"10. In view of aforesaid discussion, in spite of the
fact that Rule 22 and 23 have referred to cognizance of a
compliant received from a private person by the
Government and initiation of enquiry against the elected
Sarpanch on that basis, a complainant cannot be
considered as either necessary or proper party because
once the Government has on the basis of the complaint
initiated the enquiry and placed the elected Sarpanch or
other office bearers under suspension and passed the order
of removal or disqualification, if and when such elected
Sarpanch/office bearer approaches this Court in writ
petition, it is a lis essentially between him and the
Government, as held by the Supreme Court in Ravi
Yashwant Bhoir, supra. A complainant therefore cannot be
considered as necessary or proper party because it is then
for the Government to defend such order."
The Hon'ble Apex Court of India has, in case of
Poonam(supra), held as under:
"47. Few examples can be given so that the position
can be easily appreciated. There are provisions in some
legislations pertaining to Gram Panchayat or Panchayat
Samiti where on certain grounds the competent authority
has been conferred the power to remove the elected
Sarpanch or the Chairman, as the case may be on certain
counts. Against the order of the Collector, an appeal lies
and eventually either a revision or a writ lies to the High
Court. After his removal, someone by way of indirect
election from amongst the members of the Panchayats or
the Panchayat Samiti is elected as the Sarpanch or the
Chairman. The removed Sarpanch assails his order of
removal as he is aggrieved by the manner, method and the
reasons for removal. In his eventual success, he has to
hold the post of the Sarpanch, if the tenure is there. The
question, thus, arises whether the person who has been
elected in the meantime from amongst the members of the
Panchayat Samiti or Sabha is a necessary party. The
answer has to be a categorical 'no', for he cannot oppose
the order of removal assailed by the affected Sarpanch nor
(3 of 3) [CW-4710/2022]
can he defend his election because he has come into being
because of a vacancy, arising due different situation."
Thus, in the facts and circumstances of the case and in the
backdrop of law laid down by the Hon'ble Apex Court of India as
also by this court, the application deserves to be dismissed.
The application is dismissed accordingly.
List the matter on 19.04.2022 as prayed.
(MAHENDAR KUMAR GOYAL),J
Sudha/204
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