Bhilwara. Rajasthan High Court Jodhpur has banned the expulsion/stay of Lakshmi Devi Gurjar, sarpanch of Sonia, Chittorgarh. The court gave this order while hearing a petition filed by Sarpanch Lakshmi Devi Gurjar (who is also the sarpanch/administrator of Sonia). This order has been issued in favor of village Sonia, Tehsil Gangrar. Advocates of the petitioner Neeraj Kumar Gurjar and Ashutosh Sharma argued in the court that under the provisions of Section 38 of Rajasthan Panchayati Raj Act, 1994, initial or departmental inquiry is required in the case of any sarpanch or administrator. He informed that as per Rule 22 of Rajasthan Panchayati Raj Rules, 1996, an initial investigation should be done by the Chief Executive Officer before the removal of the sarpanch and other members.
After this, a charge sheet should be sent by the state government to the sarpanch or concerned member and a regular inquiry should be completed by an investigating officer before removing or suspending. Advocates emphasized that this entire process of investigation should be based on concrete principles of natural justice. The Hon’ble Rajasthan High Court has immediately stopped the order of the Rajasthan government to remove the sarpanch/administrator of Sonia, District Chittorgarh, by agreeing to these arguments.
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