Court directs immediate release of arrested Ward Member before 2pm, to enable him to participate in Vice-Chairman poll and; directed to join investigation thereafter.
Jodhpur: The Rajasthan High Court on Tuesday directed the immediate release of a newly elected Ward Member of Fatehnagar-Sanwad Nagar Palika before 2 PM, enabling him to participate in the election for the post of Vice Chairman scheduled from 2:30 PM to 5 PM.
Justice Sunil Beniwal passed the order while hearing a petition seeking quashing of FIR.
The petitioner had been elected as a Ward Member from Ward No. 3 on September 14.
He had subsequently participated in the voting for the post of Chairman on September 21, following which he was arrested in connection with the FIR.
Five-Day Delay in FIR Registration
The Court noted that the alleged incident had taken place on September 14, whereas the FIR was registered on September 19, after a delay of more than five days.
The petitioner’s counsel submitted that the dispute primarily related to revenue land and that proceedings concerning the land were already pending before the revenue authorities.
The State opposed the plea, arguing that since the petitioner had already been arrested, he should seek regular bail. The State further submitted that the allegations in the FIR prima facie disclosed an offence.
Release Ordered to Enable Voting
Considering that the Vice-Chairman election was scheduled for the same day between 2:30 PM and 5 PM, the Court directed that the petitioner be released forthwith so that he could participate in the democratic election process.
The Court clarified that the release would not affect the ongoing investigation. The petitioner was directed to join the investigation and appear before the Investigating Officer on September, 30.
The Investigating Officer was directed to carry out the necessary investigation and submit a factual report before the Court.
The matter was listed for October 6, 2026.