Paras Kumar Jain S/O. Shri ... vs State Of Rajasthan ...
2023 Latest Caselaw 1077 Raj/2

Citation : 2023 Latest Caselaw 1077 Raj/2
Judgement Date : 1 February, 2023

Rajasthan High Court

Paras Kumar Jain S/O. Shri ... vs State Of Rajasthan ... on 1 February, 2023

Bench: Inderjeet Singh

[2023/RJJP/001173]

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 13094/2022

Ajay Singh Chauhan S/o. Shri Rajendra Singh Chouhan, Aged
About 31 Years, Resident Of C-62, Tara Nagar, Bhankrota, Jaipur
(Raj.)
                                                                         ----Petitioner
                                         Versus
1.       State       Of   Rajasthan,        Through         Director    Cum    Special
         Secretary        Local      Bodies,       Government          Of   Rajasthan,
         Department Of Local Self Government, Near Civil Lines,
         Railway Crossing, Jaipur (Raj.)
2.       Rajasthan          State        Election         Commission,         Through
         Commissioner/secretary, Secretariat, Jaipur (Raj.)
                                                                      ----Respondents

Connected With S.B. Civil Writ Petition No. 13095/2022 Shankar Sharma S/o. Late Shri Narayan Lal Sharma, Resident Of 86/167, Sector-8, Pratap Nagar, Sanganer, Jaipur (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Director Cum Special Secretary Local Bodies, Government Of Rajasthan, Department Of Local Self Government, Near Civil Lines, Railway Crossing, Jaipur (Raj.)

2. Rajasthan State Election Commission, Through Commissioner / Secretary, Secretariat, Jaipur (Raj.)

----Respondents S.B. Civil Writ Petition No. 13105/2022 Paras Kumar Jain S/o. Shri Rajendra Jain, Aged About 40 Years, Resident Of 67/64, Heera Path, Mansarovar, Jaipur (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Director Cum Special Secretary Local Bodies, Government Of Rajasthan, Department Of Local Self Government, Near Civil Lines, Railway Crossing, Jaipur (Raj.)

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2. Rajasthan State Election Commission, Through Commissioner / Secretary, Secretariat, Jaipur (Raj.)

----Respondents

For Petitioner(s) : Mr. Akhil Simlote Mr. R.N. Mathur, Sr. Adv., assisted by Mr. R.K. Daga For Respondent(s) : Mr. Anil Mehta, AAG with Mr. Yashodhar Pandey Ms. Archana Ms. Amru Bishnoi

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

01/02/2023

Mr. R.N. Mathur, learned Senior Counsel assisted by Mr. R.K.

Daga, Adv., appearing on behalf of the petitioners submits that the

issue involved in these writ petitions have already been considered

and decided by the Co-ordinate Bench of this Court in the matter

of Smt. (Dr.) Somya Gurjar Vs. State of Rajasthan & Ors. (S.B.

Civil Writ Petition No.15659/2022), wherein on 10.11.2022 in the

presence of learned Additional Advocate General, the following

order was passed:-

"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 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

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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. 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."

Learned Senior Counsel further submits that prior to passing

of the order of removal dated 22.08.2022, no opportunity of

personal hearing was given to the petitioner and the same was the

position in the matter of Smt. (Dr.) Somya Gurjar (supra) and the

cases of the petitioners are also similar to that of Smt. (Dr.)

Somya Gurjar (supra).

Mr. Anil Mehta, learned Additional Advocate General

appearing on behalf of the respondents submits that the

petitioners have not taken specific ground in their pleadings in this

regard.

Heard counsel for the parties and perused the record.

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