'Weakens Democratic Set-Up & Affects Public At Large': Rajasthan High Court Quashes Suspension Order Of Sarpanch Passed On Flimsy Grounds

Observing that suspension of elected representatives on flimsy grounds or for settling political scores weakens the democratic setup and adversely affects the public at large, Rajasthan High Court has quashed the suspension order against the Sarpanch of Baori Kalla Gram Panchayath.

“…Placing under suspension of democratically elected persons on account of political vendetta weakens the very foundation of the democratic setup and, therefore, the respondents are under an obligation to pass the order of suspension after due application of mind. The passing of the suspension order casually in case of elected representatives adversely affects the public at large”, the bench sitting at Jodhpur remarked.

The single-judge bench of Justice Vinit Kumar Mathur also took note of the fact that the Sarpanch, Bheru Singh, was initially suspended for a second time on 21.10.2022 based on the inspection conducted on 10.08.2021.

This outdated inspection conducted in 2021, much before the submission of a newer enquiry report that formed the basis of the petitioner's subsequent reinstatement in 2023, has been once again relied upon by the state to pass a subsequent suspension order dated 05.03.2024.

“..the chronology of the events in the present case clearly demonstrates….the respondents are bent upon keeping the petitioner away from working as Sarpanch by passing the suspension order on one count or another. Even, no report has been placed on record by the respondents with regard to the inspection conducted by them on 10.08.2021”, Justice Mathur noted.

Though the respondent counsel argued that the latest enquiry report dated 14.02.2023 was placed on record, the court observed that this report has not been mentioned while passing the latest suspension order dated 05.03.2024. The same has been passed by relying upon the same inspection conducted by the respondents on 10.08.2021, the court added.

Moreover, even in the latest inquiry report dated 14.02.2023, there are only references to certain infirmities in certain works undertaken during the tenure of the Sarpanch, the court emphasized. The Sarpanch alone cannot be made liable for the said infirmities, the court opined. In such circumstances, the court inferred that the latest suspension order had been passed by the Additional Commissioner Cum Deputy Secretary II (Inquiry) [Rural Development And Panchayati Raj Department] mechanically without due application of mind.

However, the court has also clarified that the respondent authorities will be at liberty to take measures in accordance with Rule 22 of the Rajasthan Panchayati Raj Rules, 1996, and take action against the Sarpanch if legally feasible.

For Petitioner: Mr. C. S. Kotwani with Mr. Yash Rajpurohit

For Respondents: Mr. Manish Patel, AAG

Case Title: Bheru Singh v. State of Rajasthan & Ors.

Case No: S.B. Civil Writ Petition No. 4390/2024

Citation: 2024 LiveLaw (Raj) 59

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