KANAK RAJI Vs. DISTRICT PANCHAYAT RAJ OFFICER

JUDGEMENT

(1.) In the instant writ petition, the contention of the writ petitioner is that a resolution was validly passed by the Gaon Sabha on 31.08.2000, contained in Annexure-2 to the writ petition, constituting different committees and the said resolution was duly approved by the District Panchayat Raj Officer, Sultanpur on 27.09.2000, as contained in Annexure-4 to the writ petition.

(2.) We have considered Annexure-5 to the writ petition being a letter dated 3.11.2000 which records that the District Panchayat Raj Officer, Sultanpur by his order dated 30.10.2000 has directed that the Committees constituted on 31.8.2000 have been cancelled and directed the Block Development Officer to inform the same to the Gram Panchayat. Mr. S. N. Pandey, learned advocate, who has filed caveat in the matter on behalf of Up- Pradhan submitted that 2/3rd of the members of the Gaon Sabha have raised objections against the resolution. We are of the view that appropriate provision under the U. P. Panchayat Raj Rules is Rule 40 under which the resolution passed by the Gram Panchayat can be reconsidered. Rule 40 is set out hereinbelow :-40.

(3.) From a proper interpretation of the said Rule 40, it appears that if 2/3rd of the members of the Gaon Sabha or Gram Panchayat, as the case may be, consent and sign for raising objection to the resolution, the same can be re-considered. Otherwise there is no scope for reconsideration of the resolution. There is no such resolution of the Gaon Sabha with 2/3rd majority. The order dated 30.10.2000 passed by the District Panchayat Raj Officer is not on the record which may have a mention of the resolution of the Gaon Sabha with 2/3rd majority for reconsideration. In this view of the matter, we observe that in the event 2/3rd of the members have raised objection to the resolution, the same should be re-considered by the Panchayat body itself and the other authorities have nothing to do in the matter. With the observation as above the writ petition is disposed of.