VISHAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner by this writ petition has prayed that the order Annex. 2 dated 18. 1. 1990 may be set aside and the respondent No. 3 may be restrained not to take any part in the proceedings of the Panchayat.

(2.) THE brief facts, which are necessary for the convenent disposal of this writ petition, are that the petitioner was elected as Sarpanch of Gram Panchayat, Netewala Tehsii and District Sri Ganganagar. One Jaimal Ram was also elected as Up-Sarpanch of Gram Panchayat. Jaimal Ram submitted his resignation from the office of Up-Sarpanch to the Chief Executive Officer cum-Secretary, Zila Parishad, Sri Ganganager. THE resignation was sent on 29. 8. 1989 and the same was received by the respondent No. 2 on 1. 9. 1989. THE same was accepted under Section 18 of the Rajasthan Panchayat Act, 1953 (referred to hereinafter as 'the Act') by the respondent No. 2 on 7. 9. 1989. THEreafter, various meetings of the Panchayat held from time to time and in the last 8 meetings he did not attend as his resignation was already accepted. THE respondent No. 3 Jaimal Ram thereafter moved an application along with affidavit before non-petitioner No. 2 and the non-petitioner No. 2 accepted the application filed by respondent No. 3 and revoked the order of acceptance of the resignation of respondent No. 3 Jaimal Ram. Hence the present writ petition has been filed by the petitioner challenging the aforesaid order :-

(3.) THUS, in this view of the matter, the cancellation of the acceptance of the resignation by the non-petitioner No. 2 vide order dated 18. 1. 1990 (Annex. 2) cannot be sustained.