IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
Vishnu Kumar Saini S/O Bhagwan Sahai Vs State Of Rajasthan
Facts
- The petitioner, a resident and elected Chairman of Nagar Parishad, Chomu, challenged the appointment of Mr. Shubham Gupta (Respondent No.4) as Executive Officer of Nagar Parishad, Chomu.
- Chomu was declared a Municipal Council (Nagar Parishad) on 01.08.2023.
- Mr. Shubham Gupta, an Executive Officer-III, was posted there via order dated 10.08.2023.
- The petitioner’s father, an ex-MLA, submitted a representation on 11.08.2023 citing Mr. Gupta’s ineligibility under the Rajasthan Municipalities (Integration) Rules, 1963.
Issues
- Does the petitioner have locus standi to file a writ of quo warranto?
- Did the petitioner approach the Court with unclean hands?
- Is respondent no.4 competent to hold the office of Executive Officer in Chomu?
Held / Observations
On Locus Standi:
- Court relied on Officer KV Agarwal v. State of Rajasthan (2023) and Kashinath G. Jalmi (1993).
- A citizen may file a writ of quo warranto without personal interest if public office is illegally occupied.
- As the petitioner is a resident and Chairman of Chomu, he qualifies as a “relater”.
On Unclean Hands Allegation:
- The petition was not politically motivated.
- A representation was made promptly on 11.08.2023, right after the appointment.
- Inquiry by respondent no.4 against petitioner was not a valid ground to defeat the challenge.
On Competency of Respondent No.4 (Executive Officer – III, Nagar Parishad, Chomu, Rajasthan).
- As per Rules of 1963, only officers of Commissioner rank are eligible for Municipal Councils like Chomu.
- Mr. Gupta, being Executive Officer-III, is only eligible for Class III Municipalities.
- Letter dated 25.08.2023 allowing continuity was inapplicable to Mr. Gupta since he was appointed after 01.08.2023.
Decision
- Petition allowed.
- Appointment of Respondent No.4 quashed.
- Order dated 22.02.2024 set aside.
- Pending applications, if any, disposed of.
