The Rajasthan High Court recently expressed deep concern after finding that many Municipal Councils and Boards across the State failed to follow mandatory legal requirements under the Rajasthan Municipalities Act, 2009. Particularly, several councils did not conduct the six required meetings each year under Section 51 of the Act.

The matter arose when Mamta Choudhary, Chairperson of the Municipal Council, Dausa, challenged her suspension and a charge sheet issued against her. Allegations against her included misusing public funds, issuing property pattas to family members, misplacing files, and affixing nameplates of her father-in-law on publicly funded buildings. One key charge was her failure to conduct the mandated council meetings.

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The petitioner argued that many other councils also missed meetings, yet no action was taken against their chairpersons. She alleged that her suspension was motivated by malafide intentions. It was also pointed out that a large number of councils across the State conducted fewer than six meetings per year, yet the State had not taken strict action against them.

On the other hand, the State defended its position, stating:

“There is no existing mechanism to monitor whether councils comply with the meeting requirements. Whenever complaints are received, actions are initiated accordingly.”

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The Court firmly rejected arguments from both sides. It ruled that the petitioner could not claim relief based on others' non-compliance:

“Because the members of the Municipal Council/Board are elected by the people for their welfare, hence, such elected representatives of the people are supposed to discharge their duties and functions, as per the provisions contained under the Act of 2009 by calling and attending the general meetings in the interest of public, who has elected them as their representative.”

The Court also criticized the State’s passive approach:

"If the State lacks a mechanism to monitor and supervise the functioning of its Municipal Council/Board, it must establish one."

Consequently, the High Court issued a mandamus, directing the Chief Secretary and Principal Secretary, Department of Local Bodies, to immediately:

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• Form a High-Powered Supervisory Committee at each Divisional Headquarters.
• Ensure the monitoring and compliance of statutory requirements by all councils and boards.
• Submit a report about the steps taken for compliance.

Regarding the suspension of Mamta Choudhary, the Court observed that allegations of misuse of public funds, favoritism, and non-compliance with mandatory provisions were serious. It emphasized that:

“Suspension is only temporary and is not a penalty. Judicial inquiry will independently decide the truth of the allegations.”

Thus, the Court refused to interfere in her suspension, finding no merit in the petition, and directed that the ongoing inquiry be completed within three months.

Finally, the Court stressed the urgent need for the State Government to supervise municipal functioning:

"Violation of statutory provisions amounts to a violation of law, which cannot be permitted."

A copy of the order was directed to be sent to the Chief Secretary and the Principal Secretary, Department of Local Bodies, for immediate compliance.

Title: Mamta Choudhary v State of Rajasthan & Ors.