ANSI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THOUGH the matter was listed today for grant of interim relief, yet with the consent of learned counsel for the parties, the matter was heard finally.

(2.) THE instant writ petition has been filed for quashing the order dated 27. 01. 2001 (Annx. 6) by which the petitioner has been removed from the post of Sarpanch being disqualified and also against the order dated 09. 04. 2001 (Annx. 7) by which the seat has been declared vacant.

(3.) SHRI Choudhary has raised the issue regarding the jurisdiction of the Divisional Commissioner to interfere in the matter. Miss Kusum Rao, learned counsel for the respondents has placed reliance upon See. 98 of the Rajasthan Panchayati Raj Act, 1994 which empowers the State Government to authorise any officer to perform a particular function and produced the notification dated 16. 05. 2000, by which the State has conferred the required competence on the Divisional Commissioner. Even if, in law, the Divisional Commissioner had no competence to entertain the matter, it does not require any interference on the technical ground for the reason that the Writ Court is not bound to interfere with an order merely on technical ground where the action had been taken in view of public policy and statutory provisions. The Writ Court may refuse to interfere even if the order is found to be illegal and without jurisdiction, but the Court is satisfied that the impugned order has met the ends of justice.