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2025 DAILYLAW 47631 (RAJ)

SMT SANTOSH DEVI W/O SHRI NAND KISHORE SONI v. STATE OF RAJASTHAN

CW/13933/2025 · 2025-11-06

Sanjeet Purohit

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:44473] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13933/2025 Smt Santosh Devi W/o Shri Nand Kishore Soni, Aged About 52 Years, Sarpanch, Gram Panchayat Tamkore Panchayat Samiti Alsisar District Jhunjhunu. ----Petitioner Versus 1. State Of Rajasthan, Through Secretary And Commissioner Department Of Rural Development And Panchayati Raj Government Of Rajasthan Secretariat, Jaipur. 2. Chief Executive Officer, Zila Parishad Jhunjhunu. 3. Block Development Officer, Panchayat Samiti Alsisar District Jhunjhunu. 4. Village Development Officer, Gram Panchayat Tamkore Tehsil Alsisar District Jhunjhunu. ----Respondents For Petitioner(s) : Mr. Rakesh Kumar Sharma For Respondent(s) : Mr. Kapil Prakash Mathur, AAG, Mr. Sumit Purohit, Mr. Pranay Sharma HON'BLE MR. JUSTICE SANJEET PUROHIT Order 06/11/2025 By way of present writ petition, petitioner is seeking direction against the respondents to allow him to perform his duties as Sarpanch of Gram Panchayat, Tamkore, Panchayat Samiti Alsisar, without any unwarranted interference or obstruction from the authorities of the Panchayat Samiti, Alsisar. Learned counsel for the petitioner submits that since January 2025, the petitioner has not been permitted to discharge his duties as Sarpanch freely and has been repeatedly restrained from [2025:RJ-JP:44473] (2 of 3) [CW-13933/2025] taking any administrative decisions by one or other reason. Learned counsel for the petitioner also stated that although the tenure of the Gram Panchayat is already over, however later on, the petitioner he has been appointed as Administrator. On the other hand, learned counsel for the respondents contended that appropriate action has already been taken upon the complaint submitted by the petitioner and a committee has been constituted to inquire into the allegations made by the petitioner. Referring to the inquiry report, it is submitted that all the allegations levelled by the petitioner were found to be baseless. In rejoinder, learned counsel for the petitioner submits that the complaint has been submitted to the District Collector, Jhunjhunu, who in turn, vide order dated 21.05.2025 (Ann.32), has forwarded the said complaint to the Chief Executive Officer, Zila Parishad, Jhunjhunu and directed to conduct an independent inquiry and submit a factual report within a period of 15 days. However, instead of conducting the inquiry himself, the Chief Executive Officer, Zila Parishad, Jhunjhunu forwarded the same to the Vikas Adhikari, Pachayat Samiti, Alsisar against whom the allegations have been levelled by the petitioner. Therefore, the findings of the inquiry report are actuated with bias. This Court is not inclined to entertain and make any comment on the disputed question of fact at this stage. However, this court is of the opinion that the inquiry was directed to be conducted independently by the Chief Executive Officer, Zila Parishad, Jhunjhunu, however the same was referred to an officer who is an interested party, which is not justified. [2025:RJ-JP:44473] (3 of 3) [CW-13933/2025] Therefore, the present writ petition is disposed of with a direction to the petitioner to submit a fresh representation before the District Collector, Jhunjhunu within a period of seven days from the date of receipt of copy of this Order. The District Collector, Jhunjhunu is directed to conduct a fresh inquiry into the grievance of petitioner through an Independent Officer and to decide the representation within a period of 15 days thereafter, by a reasoned and speaking order. Stay application and pending application, if any, also stand disposed of. (SANJEET PUROHIT),J TN/7