Rajasthan High Court Quashes Suspension of Municipal Board Chairman; Calls for Expedited Judicial Inquiry

Rajasthan High Court emphasizes cautious use of suspension powers, ensuring elected representatives' ability to fulfill public duties.

In a significant judgment, the Rajasthan High Court, presided over by Justice Mr. Kuldeep Mathur, has quashed the suspension order of Ramswroop Bhati, the Chairman of the Municipal Board, Jaitaran. Bhati was suspended by the Director, Local Self Government, Government of Rajasthan, under Section 39 of the Rajasthan Municipalities Act, 2009, following allegations of illegal issuance of residential pattas during a local government campaign.

The suspension, dated August 11, 2025, was challenged by Bhati through a writ petition filed under Article 226 of the Constitution of India, where he sought the quashing of the suspension order and the inquiry proceedings initiated against him. Bhati's legal counsel contended that his suspension was arbitrary and malafide, motivated by a desire to remove him from office based on mere complaints and suspicions rather than concrete evidence of corruption.

The counsel for Bhati argued that the petitioner, as an elected representative and Chairman of the Municipal Board, was not directly responsible for verifying documents before the issuance of pattas. They asserted that the responsibility lay with the municipality's subordinate authorities, who were required to verify all necessary documents before presenting them to the Empowered Committee, headed by Bhati, for approval.

On the other hand, the respondent's counsel argued that the suspension was based on a fact-finding inquiry following a complaint that alleged irregularities committed by Bhati in the issuance of residential pattas. They contended that the decision to suspend Bhati was made to prevent potential tampering with records or influencing witnesses during the judicial inquiry.

After hearing both parties, Justice Kuldeep Mathur emphasized the importance of exercising the power of suspension judiciously and cautiously, especially when it comes to elected representatives. The court ruled that elected officials should not be suspended based on mere complaints or suspicions unless there are specific allegations of corruption or proof. The court highlighted the significance of allowing public representatives to complete their tenure and fulfill their public duties unless absolutely necessary.

In its judgment, the court directed the respondents to conduct a swift judicial inquiry into the allegations against Bhati, without unnecessary adjournments. The court further ordered that the proceedings related to the issuance of pattas be sealed and presented before the judicial officer conducting the inquiry.

Bottom Line:

Suspension of an elected representative must be exercised cautiously and judiciously; public representatives should not be suspended on mere complaints or suspicion unless specific allegations of corruption or proof are available. 

Statutory provision(s): Article 226 of the Constitution of India, Section 39 of Rajasthan Municipalities Act, 2009.

Ramswroop Bhati v. State of Rajasthan, (Rajasthan) : Law Finder Doc Id # 2784461