- (1.) BY way of this writ petition, the petitioner has challenged memorandum of charges dated 4.10.04 and order dated 20.10.04, issued by the Deputy Secretary, Department of Local Self, Government of Rajasthan, whereby the petitioner has been removed from the post of Chairperson and Member of Municipal Board, Suratgarh and further she has been declared disqualified to contest the elections of Municipal Board, Suratgarh, for a period of six years.
(2.) THE relevant facts are that the petitioner was elected as Member of Municipal Board, Suratgarh from the Ward No.11 in the elections held in the month of November,1999. The election for the post of Chairperson of the Municipal Board was held wherein one Shri Purkha Ram was elected as Chairperson. However, a 'No Confidence Motion' was passed against Shri Purkha Ram and in his place, Hardev Sahai was elected as Chairperson, who was also removed from the office by way of 'No Confidence Motion' in the year 2002. Thereafter, the petitioner was elected as Chairperson of the Municipal Board, Suratgarh on 7.1.03.
(3.) ON the basis of a complaint received, a preliminary inquiry was conducted into the allegations levelled against the petitioner. The petitioner was served with a notice dated 3.6.04 seeking explanation in respect of the allegations levelled, which was responded to by the petitioner by filing a reply thereto. Vide order dated 7.8.04, the petitioner was placed under suspension and vide yet another order dated 10.8.04 one Smt. Shanti Meghwal, a member of the Municipal Board was appointed as caretaker Chairperson. Aggrieved by the suspension order dated 7.8.04, the petitioner filed a writ petition before this court being S.B.C.Writ Petition No.3433/04 wherein on 17.08.04 this court while issuing notices to the respondents, stayed the operation of the suspension order. However, after hearing both the parties, the writ petition was dismissed by this court vide order dated 28.9.04 and a direction was issued to the respondents to complete the inquiry against the petitioner within a period of two weeks. Aggrieved thereby, the petitioner preferred a special appeal being D.B.C.Special Appeal No.657/04 before the Division Bench of this court, wherein, vide order dated 5.10.04, the operation of the suspension order was stayed. However, the State Government was permitted to complete the inquiry. In the meantime, the petitioner was served with the notice dated 4.10.04 accompanied by the charge sheet and statement of allegations. The date of hearing was fixed as 6.10.04. The petitioner appeared through counsel before the Inquiry Officer and sought time to file reply. The petitioner was granted only a day's time to file the reply and the matter was posted on 7.10.04. The petitioner filed reply to the charge sheet and made an application for requisition of record relating to the various plots auctioned. The request made by the petitioner for requisition of the record was rejected by the Inquiry Officer and thereafter, the statements of Smt. Shanti Devi and one Shri Madan Singh Budania produced on behalf of department, were recorded. The departmental evidence was concluded and while recording that no evidence has been shown to be produced by the petitioner herein, the arguments were heard and the inquiry report was submitted by the Inquiry Officer to the Secretary, Department of Local Self Government on the same day. Thereafter, vide impugned order dated 20.10.04 the petitioner was removed from the Office of Chairperson and Member of Municipal Board, Suratgarh and further, she has been declared disqualified to contest the election for a period of six years. Hence, this petition.;