The Rajasthan High Court has nullified the suspension order against the Sarpanch of Baori Kalla Gram Panchayath, emphasizing the detrimental impact of suspending elected representatives on weak grounds or for political vendettas. This decision underscores the importance of upholding democratic principles and safeguarding the interests of the public.

“…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.

Justice Vinit Kumar Mathur, presiding over a single-judge bench, mentioned that the Sarpanch, Bheru Singh, faced a second suspension on October 21, 2022, stemming from an inspection conducted on August 10, 2021.

The state's reliance on an outdated inspection from 2021, conducted well before the submission of a more recent inquiry report that led to the petitioner's reinstatement in 2023, is concerning. Despite the subsequent reinstatement, the state issued another suspension order on March 5, 2024, based on this outdated inspection.

Despite the respondent counsel's argument that the latest inquiry report dated February 14, 2023, was submitted, the court noted that this report was not referenced in the latest suspension order dated March 5, 2024. Instead, the court observed that the suspension order relied solely on the inspection conducted by the respondents on August 10, 2021.

Furthermore, the court emphasized that even in the latest inquiry report dated February 14, 2023, there were only mentions of certain shortcomings in specific projects carried out during the Sarpanch's tenure. The court expressed the opinion that holding the Sarpanch solely responsible for these shortcomings would be unjust.

Under such circumstances, the court inferred that the latest suspension order had been mechanically issued by the Additional Commissioner Cum Deputy Secretary II (Inquiry) [Rural Development And Panchayati Raj Department], lacking proper consideration and application of mind.

However, the court has also clarified that the respondent authorities retain the freedom to take appropriate measures in accordance with Rule 22 of the Rajasthan Panchayati Raj Rules, 1996, and proceed with legal action against the Sarpanch if deemed 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