Allowed

Prema Ram v. State and Ors.

Rajasthan HC3 Oct 2018CW/4960/2015

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur allowed a writ petition contesting notices issued to an elected Sarpanch for disqualification allegations. Relying on precedent, the Court held that such notices under Section 38 of the Panchayati Raj Act cannot form the basis for suspension or inquiry, directing their quashal unless a criminal charge of severe imprisonment is later framed.

What did the court decide?

Three notices issued by additional authorities alleging disqualification are quashed and set aside. Stay application disposed of.

Prema Ram Vs State and Ors. — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ No. 4960/2015

Prema Ram

----Petitioner

Versus

State of Rajasthan & Ors.

¶7

----Respondent

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For Petitioner(s) : Mr. B.P. Dadhich. For Respondent(s) : Mr. Manish Patel, AGC.

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HON'BLE MR. JUSTICE SANDEEP MEHTA

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Order

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03/10/2018

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Heard. Perused the material available on record.

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The petitioner herein is elected Sarpanch of the Gram Panchayat Kadwa, Panchayat Samiti Bapini, District Jodhpur. He has approached this Court through this writ petition filed under Article 226 of the Constitution of India for assailing the notice dated 20.02.2015 issued by the Additional Chief Executive Officer, Zila Parishad, Jodhpur, notice dated 23.04.2015 issued by the Development Officer, Panchayat Samiti, Bapini and notice dated 13.03.2015 issued by the SDO, Osia seeking his explanation in regard to allegations constituting pre-election disqualifications. Evidently, the foundation of the impugned action is constituted by allegation of pre-election disqualification and such action can only be perpetrated by filing an election petition.

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Manifestly, in view of the law laid down by this Court in a series of judgments including the one in S.B. Civil Writ Petition No.16070/2015 “Bhupendra Singh Hada Vs. State of

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(2 of 2)

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[CW-4960/2015]

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Rajasthan & Ors.” decided on 11.02.2016 , allegations constituting pre-election disqualification cannot be made the foundation of placing an elected Sarpanch of the Gram Panchayat under suspension or for initiation of inquiry by taking recourse of the powers conferred upon the State Authority by virtue of Section 38 of the Panchayati Raj Act.

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In view of this admitted legal and factual position, the notice dated 20.02.2015 issued by the Additional Chief Executive Officer, Zila Parishad, Jodhpur, notice dated 23.04.2015 issued by the Development Officer, Panchayat Samiti, Bapini and notice dated 13.03.2015 issued by the SDO, Osia proposing initiation of inquiry against the petitioner for allegations constituting purely preelection disqualifications are hereby quashed and set aside.

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However, it is clarified that in case, the competent criminal court frames charge against the petitioner for an offence punishable with imprisonment of five years and above, the competent authority shall be free to initiate fresh proceedings against him without being prejudiced by this decision.

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The writ petition is allowed in these terms. Stay application is disposed of.

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No order as to costs.

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(SANDEEP MEHTA), J.

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Tikam/118

Prema Ram v. State and Ors.

Case brief

What is this about?

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Prema Ram v. State and Ors.

Case brief

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