Chandraprakash Meena S/O Shri Mohanlal ... vs The State Of Rajasthan ...
2024 Latest Caselaw 5788 Raj/2

Rajasthan High Court

Chandraprakash Meena S/O Shri Mohanlal ... vs The State Of Rajasthan ... on 12 September, 2024

Bench: Manindra Mohan Shrivastava, Ganesh Ram Meena

   [2024:RJ-JP:38875-DB]

           HIGH COURT OF JUDICATURE FOR RAJASTHAN
                       BENCH AT JAIPUR

                  D. B. Special Appeal (Writ) No. 554/2024

                                             IN

                   S. B. Civil Writ Petition No.11754/2024

    Chandraprakash Meena s/o Shri Mohanlal Meena, aged about 44
    years, r/o Neemdipada Anta, District Baran, Rajasthan.
                                                              ----Appellant-Petitioner
                                          Versus
    1.      The    State     of       Rajasthan,       through         Additional    Chief
            Secretary Department of Local Self Bodies, Govt. of
            Rajasthan, Govt. Secretariat, Jaipur (Raj).
    2.      The    Director       and      Special       Secretary,       Local     Bodies
            Department, G-3, Rajmahal, Residency Area, Near Civil
            Lines Phatak, C-Scheme, Jaipur- 302005.
    3.      Nagar Palika, Anta, through its Executive Officer, Kota,
            Baran Road, Anta, Dist. Anta.
                                                                        ----Respondents

For Appellant : Mr.Anil Mehta, Senior Advocate assisted by Mr. Yashodhar Pandey Advocate For Respondent(s) : Mr. G.S. Gill, Additional Advocate General assisted by Ms. Sikha Sharma Advocate Mr. Punit Singhvi Advocate with Mr. Ayush Singh Advocate

HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment

12/09/2024

1. Heard.

2. This appeal has been filed by the appellant raising a

grievance that though application for stay of order of suspension is

pending before the learned Single Judge, the same has not been

[2024:RJ-JP:38875-DB] (2 of 2) [SAW-554/2024]

decided till date and at the same time, the respondents are

proceeding to hold elections to the Office of Chairman of which the

appellant himself is one of the contestant.

3. Mr. Anil Mehta, Senior Advocate appearing on behalf of the

appellant would submit that the appellant has a very strong prima

facie case seeking stay on suspension and if, in the meantime, the

elections are held and the new Chairman is elected, prayer of the

appellant for stay itself would be frustrated. Learned Senior

Advocate further would submit that the appellant has also

submitted his nomination paper for contesting elections for

Chairman, but he is not being allowed to participate in the process

of election and his nomination has been rejected.

4. Learned counsels appearing on behalf of the respondents

would submit that the application for stay is still pending for

consideration and has not been decided, therefore, in the appeal,

application for stay may not be considered at the first instance.

5. We are of the view that the appellant having approached the

Court was entitled to expeditious disposal of his stay application.

6. Be that as it may, we request the learned Single Judge to

decide the application for stay within an outer limit of two weeks.

7. Considering the submission that if the election process is

completed, prayer for stay would be frustrated, we direct that till

the orders are passed in stay application, result of the election

would not be declared.

8. Appeal is, accordingly, disposed of.

(GANESH RAM MEENA),J (MANINDRA MOHAN SHRIVASTAVA),CJ

MANOJ NARWANI/ARTI SHARMA /19

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