In Sunday Special Hearings, Rajasthan High Court Protects Councillors From Arrest Ahead Of Municipal Chairperson Polls
In two hearings held on Sunday, the Rajasthan High Court granted interim protection from arrest to two ward members booked in separate FIRs ahead of elections to two separate Municipal Councils. In the first case, the petitioner therein had been elected as a Ward Member of the Municipal Council, Shri Vijaynagar, District Sri Ganganagar, on September 14, 2026. He was subsequently declared...
In two hearings held on Sunday, the Rajasthan High Court granted interim protection from arrest to two ward members booked in separate FIRs ahead of elections to two separate Municipal Councils.
In the first case, the petitioner therein had been elected as a Ward Member of the Municipal Council, Shri Vijaynagar, District Sri Ganganagar, on September 14, 2026. He was subsequently declared a candidate for the post of Chairperson on September 18, with the election scheduled for September 21.
However, an FIR was lodged against him on September 19, alleging offences under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act. The alleged incident was stated to have occurred on September 16.
The petitioner's counsel submitted that the FIR had been lodged just before the election with the purpose of preventing the petitioner from participating in the poll. It was also argued that all the offences alleged in the FIR were bailable, except those under the SC/ST Act, which, according to the petitioner, had been added to make the offences non-bailable.
The petitioner further submitted that the use of the word “Neech”, which was alleged to have been used by him at a public place, would not attract offences under the SC/ST Act.
Opposing the plea, the State submitted that a bare reading of the FIR disclosed the offences alleged under both the BNS and the SC/ST Act. It also disputed the allegation that the FIR was politically motivated.
Justice Sunil Beniwal noted that the alleged incident took place on September 16, while the FIR was lodged on September 19—after a delay of about three days. It further noted that the FIR was lodged soon after the petitioner was declared a candidate for the Chairperson election on September 18.
Considering these circumstances and the totality of the facts, the Court deemed it appropriate, as an interim measure, to grant protection to the petitioner.
The matter has been listed for October 7, 2026.
Elections to Municipal Council, Hanumangarh
Meanwhile in another case, Dr. Justice Nupur Bhati, while also hearing a matter on Sunday granted interim protection to the petitioners therein apprehending arrest that might prevent them from casting votes in the election for the Chairperson, Municipal Council, Hanumangarh, scheduled for September 21.
It was contended by the petitioners that in the elections to the office of councillors of the Municipal Council, all of them were elected as the Councillors from their respective wards and had to cast their votes in the elections scheduled for September 21, 2026.
However, they submitted an apprehension and continuous threat of arrest based on arrests of similarly situated persons in the night intervening between September 19, 2026 and September 20, 2026, even though no FIR was filed against them.
It was further alleged that pursuant to them filing the present petition, their houses were raided and some of their family members were illegally detailed. Hence, such actions rendered support to their apprehensions of arrest that might prevent them for exercising their right to caste vote in the election.
After hearing the contentions, the Court highlighted the no material was placed on record by the petitioners to disclose the basis of their apprehension that could suggest that there was a likelihood of their restraint.
However, it was observed,
“Nevertheless, having regard to the imminent election and the apprehension expressed on behalf of the petitioners that they may be subjected to coercive action in a manner which may prevent them from exercising their right to vote, this Court is of the view that in the interest of justice limited interim protection ought to be granted so as to ensure that the petitioners are not prevented from participating in the election and exercising their right to vote.”
Accordingly, in the interest of justice, without expressing any opinion on the merits of the controversy, the Court granted interim protection and directed that no coercive action shall be taken against the petitioners.
The matter shall be next heard in a week.
Title: Sushil Midha v State of Rajasthan
Counsel for Petitioner: Mr. Muktesh Maheshwari with Mr. Nishant Gaba and Mr. Mudit Nagpal
Counsel for Respondents: Mr. Deepak Choudhary, GA-cum-AAG and Mr. B.L. Bhati, AAG with Mr. Sandeep Soni, AAAG
Click Here To Read/Download Order
And
Title: Sumit & Ors. v the State of Rajasthan & Ors.
For Petitioners: Mr. Kunal Upadhyay
For Respondents: Mr. Sandeep Soni on behalf of Mr. B.L. Bhati, AAG. (R-1 to 3); Mr. Ravindra Jala on behalf of Mr. S.S. Ladrecha, AAG. (R-4 & 5)