LADHURAM Vs. CHIEF PANCHAYAT OFFICER

JUDGEMENT

(1.) THIS appeal is directed against the judgment of Jagat Narain J. , sitting single, dated 8th September, 1960. By the judgment in question the learned Judge dismissed an application of the appellant under Art. 226 of the Constitution.

(2.) THE appellant was a Panch of Dusarna Village Panchayat. On the 15th of June, 1958, the said Panchayat passed a resolution that in future meetings of the Panchayat would be held on the 15th and 30th of every month at 12 noon. Evidently this resolution was passed with a view to obviate the necessity of issuing notices every time that a meeting had to be called and by virtue of this resolution both the date as well as the time of the meeting were definitely fixed. THE resolution also fulfilled the requirements of sec. 21 (2) of the Rajasthan Panchayat Act, 1953 (Act No. XXI of 1953 - hereinafter called "the Act" ). This provision requires that - "the Sarpanch shall hold a meeting of the Panchayat Panchayat for the disposal of its business as often as may be necessary and at least once a fortnight at some place within the Circle. " THE appellant was admittedly present at that meeting and accepted the resolution. THEreafter several meetings of the Panchayat were held on the relevant dates which also appear to have been attended by the appellant; but on account of subsequent default in attendance at five consecutive meetings - a default for which no satisfactory explanation has been placed on record - on the 30th of November, 1959, the Panchayat passed a resolution to the effect that the appellant had ceased to be a Panch by operation of sec. 17 (2) of the Act. After the passing of this resolution, the Sarpanch and the other Panchas physically excluded the appellant from his attendance at the meeting; nor did they permit him to attend even the future meetings of the Panchayat. THE appellant lodged a complaint with the Chief Panchayat Officer through registered post; but this Officer did not take any action in the matter. He then presented a writ petition on the 12th of January, 1960, which, after a rule nisi, was eventually rejected by the learned Judge by the order in question. THE Sarpanch of the Panchayat contested the writ petition and is also represented here as a respondent.