Rajasthan High Court - Jaipur
Arjun Soni @Chail Bihari vs State (Panchayati Raj Dep )Ors on 21 November, 2016
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
1
S.B. CIVIL WRIT PETITION NO. 608/2015
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH
AT JAIPUR.
ORDER
S.B. CIVIL WRIT PETITION NO. 608/2015
WITH
S.B. CIVIL MISC. STAY APPLICATION NO. 524/2015
Arjun Soni @ Chail Bihari S/o Sh. Manak Chand Soni, by caste
Sunar, aged about 42 years, R/o Chipa Barod, Distt. Baran
(Raj.)
Petitioner
Versus
1. State of Rajasthan through its Secretary cum Commissioner,
Rural Development and Panchyati Raj Department,
Government of Rajasthan, Government Secretariat, Jaipur.
2. The Divisional Commissioner, Kota Division, Kota (Raj.)
3. District Collector, Collectorate, Baran.
4. Additional Chief Executive Officer, Zila Parishad Baran.
5. Additional Secretary (Inquiry), Rural Development and
Panchyati Raj Department, Government of Rajasthan,
Government Secretariat, Jaipur (Raj.)
Respondents
DATE OF ORDER : 21.11.2016
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
Mr. Sanjay Sharma, for the petitioner.
BY THE COURT:
Contention of learned counsel for the petitioner is that the petitioner has challenged order dated 01.01.2015 passed by Respondent No. 6 whereby he has conveyed to District Election Officer, Baran list of those public 2 S.B. CIVIL WRIT PETITION NO. 608/2015 representatives, who had been disqualified and ware awarded penalty. It is contended that the petitioner has not been supplied copy of order dated 09.06.2010, reference of which is made in that letter. Unless the petitioner is supplied copy thereof, he is not in a position to know as to what is the nature of that order. Besides, a candidate could be at the maximum disqualified for a period of six years and period of six years has already been elapsed from 09.06.2010, therefore, the petitioner should be declared free from any such disqualification, if all.
At this stage, learned counsel for the petitioner submitted that the petitioner may be required to represent the respondent-authorities against the aforesaid penalty and offer to deposit the amount, if any due.
Having regard to the facts aforesaid, the petitioner is required to approach Respondent No. 5, Additional Secretary(Inquiry), Rural Development and Panchayati Raj Department, Government of Rajasthan, Government Secretariat, Jaipur(Raj.) by way of filing representation, who shall supply copy of aforesaid order dated 09.06.2010 to the petitioner and decide representation of the petitioner within 3 S.B. CIVIL WRIT PETITION NO. 608/2015 a period of four weeks from the date of filing representation by passing speaking order.
With the aforesaid direction, writ petition stands disposed off.
Stay application also stands disposed off.
(MOHAMMAD RAFIQ),J.
Manoj, S.NO.26.