Suspension Of Democratically Elected Persons On Account Of Political Vendetta Weakens The Very Foundation Of Democratic Set Up: Rajasthan HC
|The Rajasthan High Court observed that democratically elected representatives cannot be prevented from discharging their duties by placing them under suspension on flimsy grounds or to settle scores.
The Court held thus in a Writ Petition filed by a Sarparnch who was suspended multiple times on flimsy grounds by the Additional Commissioner, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.
The bench of Justice Vinit Kumar Mathur observed, “This Court is of the view that democratically elected representatives cannot be prevented from discharging their duties by placing them under suspension on account of flimsy grounds or to settle the political scores. Placing under suspension of democratically elected persons on account of political vendetta weakens the very foundation of the democratic set up..”
Brief Facts-
While the Petitioner, Bheru Singh was working as Sarpanch, he was placed under suspension which was assailed by him and an interim order was passed by the High Court. After reinstatement, he was again suspended. However, the respondents, after having the matter enquired and getting the enquiry report reinstated the petitioner. After a lapse of about one year and two months, once again he was placed under suspension by relying upon an inspection conducted by the respondents.
The Court noted that no report was made by the respondents on the inspection conducted and it was submitted by them that the suspension order of the petitioner was passed on account of the inspection conducted.
The Court further noted that one more enquiry report was placed on record however, it was not taken note of while passing the suspension order.
The Court stated that the chronology of the events in the present case demonstrated that for one reason or the other, the respondents were bent upon keeping the petitioner away from working as Sarpanch by passing the suspension order on one count or another. Even, no report was placed on record by the respondents about the inspection conducted by them.
The Court noted that the report showed that for the works done during the tenure of the petitioner as Sarpanch, certain infirmities were found therein but, according to the Court the petitioner, who was Sarpanch at that relevant time, cannot be made responsible solely for the said infirmities.
The Court further stated that respondents are under obligation to pass suspension order after due application of mind and passing of such order casually in case of elected representatives adversely affecting the public at large.
The Court quashed and set aside the suspension order.
Finally, the Court allowed the Writ Petition.
Cause Title: Bheru Singh v. State of Rajasthan (Neutral Citation: 2024:RJ-JD:16369)
Appearance:
Appellant: Adv. C. S. Kotwani, Adv. Yash Rajpurohit
Respondent: AAG Manish Patel