Smt (Dr) Somya Gurjar Wife Of Shri ... vs State Of Rajasthan
2022 Latest Caselaw 7165 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 15659/2022

Smt (Dr) Somya Gurjar Wife Of Shri Rajaram Gurjar, Aged About
38 Years, Resident Of 289, Taruchhaya Nagar, Tonk Road, 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 Joint Secretary, Department Of Local
       Self Government, Government Of Rajasthan, Near Civil
       Lines Railway Crossing, Jaipur.
3.     The State Election Commission, Rajasthan Through Chief
       Election Commissioner, State Of Rajasthan, Jaipur
                                                                 ----Respondents

For Petitioner(s) : Mr. Rajendra Prasad, Senior Advocate with Mr. M.S. Saharan, Mr. Mukesh Dudi and Ms. Harshita Thakral For Respondent(s) : Mr. Anil Mehta, AAG with Ms. Archana, Mr. Yashodhar Pandey & Mr. Vishnu Dayal Sharma and Mr. R.B. Mathur, Senior Advocate with Mr. Nikhil Simlote, Ms. Falak Mathur & Mr. Salim Khan Gori

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

10/11/2022 Shri Anil Mehta, learned Additional Advocate General, on

instructions, submits that the State Government has decided to

act in accordance with the directions contained in the judgment of

this Court in the case of Smt. Vimla Vyas vs. State of

Rajasthan and Ors.: AIR 2009 Raj 109. He submits that the

(2 of 3) [CW-15659/2022]

petitioner shall be issued a show cause notice based on the

judicial inquiry report dated 10.08.2022 and the respondents shall

pass an order afresh after affording the petitioner an opportunity

of hearing. He, therefore, prays that the writ petition may be

disposed of accordingly.

Learned Senior Counsel for the respondent no.3 submits that

since the process of election is going on, the same may be

permitted to continue and its result may be kept in sealed cover.

Learned Senior Counsel for the petitioner has no objection to

the submissions made by the learned counsel for the respondents

no.1 and 2. He further submits that respondents may be directed

to pass a reasoned order dealing with the objections raised by her

in response to the show cause notice which is to be issued by

them. He, however, objects to the submission made by the

learned Senior Counsel for the respondent no.3. He submits that

once the order impugned dated 27.09.2022 removing her from

the Membership and post of Chairperson, Nagar Nigam, Jaipur

Greater goes away, no election can be held as the seat is no more

vacant.

Heard. Considered.

In view of the submissions made by the learned counsels for

the respective parties, this writ petition is disposed of in following

terms:

"1. The order dated 27.09.2022 is quashed and set aside. Consequences to follow.

2. The State Government may issue a show cause notice to the petitioner based on the judicial inquiry report dated 10.08.2022.

(3 of 3) [CW-15659/2022]

3. After affording the petitioner a reasonable opportunity of a personal hearing, the respondents may pass a fresh reasoned order.

4. Since, the order of removal dated 27.09.2022 survives no more, there cannot be any election for the post of Chairperson, Nagar Nigam, Jaipur Greater."

(MAHENDAR KUMAR GOYAL),J

MADAN/S-117

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