Administrative lawPanchayatRajasthan High Court

Smt Kamla Devi v State of Rajasthan

2001 (3) WLC 452 (Raj)20011 min read
The case in brief30-second read
Facts
The petitioner was declared elected Sarpanch of Mandawar Panchayat (Panchayat Samiti, Tonk) on 31 January 2000. On 24 January 2001 the State served her a charge sheet under Rule 22(2) of the Rajasthan Panchayati Raj Rules, with a view to removal under S.38 of the Rajasthan Panchayati Raj Act, 1994.
Held
Removal proceedings under S.38 are independent of an election petition; no election petition had been filed, and the State may act on matters brought to its notice (following Bahadur Nath and Rakesh Ghatiwal).
Principle
A person who obtains an elected office (Sarpanch) by fraud or suppression of material facts cannot claim rights flowing from it.
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Facts

  • The petitioner was declared elected Sarpanch of Mandawar Panchayat (Panchayat Samiti, Tonk) on 31 January 2000
  • On 24 January 2001 the State served her a charge sheet under Rule 22(2) of the Rajasthan Panchayati Raj Rules, with a view to removal under S.38 of the Rajasthan Panchayati Raj Act, 1994
  • The charges (in Hindi) alleged that her nomination affidavit hid a third child born after 27 November 1995, which disqualified her under S.19 of the Act (the two-child rule), and that wrong ages of family members were entered in her ration card
  • She challenged the charge sheet, arguing that a pre-election disqualification could be raised only by an election petition, not by removal proceedings

Held

  • Removal proceedings under S.38 are independent of an election petition; no election petition had been filed, and the State may act on matters brought to its notice (following Bahadur Nath and Rakesh Ghatiwal).
  • A person who wins an election by misrepresentation or by suppressing a disqualification cannot claim a right arising from that wrong.
  • No interference with the charge sheet at that stage; the enquiry was to be completed within four months, and the writ petition was disposed of (Ashok Parihar J., 2 July 2001).

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Citation

Smt Kamla Devi v State of Rajasthan 2001 (3) WLC 452 (Raj)

Reported: https://indiankanoon.org/doc/1616202/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.