MURLI MANOHAR KHANDELWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners are residents of village Kudi Bhagtasni, Jodhpur. In this public interest litigation, the petitioners have raised grievance that the Gram Panchayat elections were conducted without following the mandatory statutory Rules contained in the Rajasthan Panchayati Raj (Election) Rules, 1994 (hereinafter referred to as "the said Rules" for short). In particular, the case of the petitioners is that as per Rule 3 of the said Rules, Panchayat circle is to be divided into as many wards as may be fixed under Sec. 12 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as "the said act" for short). As per sub-rule (4) of Rule 3, while dividing Panchayat circle into wards, the authorized officer of the Government has to form, as far as practicable, a contiguous group of houses and as per sub-rule (7) each ward or constituency has to be assigned a separate serial number, starting from North-West corner following anti-clockwise direction.

(2.) The case of the petitioners is that without following such procedure, the Panchayat Election Commission proceeded to commence election for Gram Panchayat in question. Petitioners had objected to the same, despite which without following the due procedure, Election Commission proceeded with the election process, upon which this petition has been filed.

(3.) The prayers made in the petition include for declaration that the action of the authorities is illegal in so far as it relates to conduct of elections in Gram Panchayat Kudi Bhagtasni and accordingly to set-aside the same. Further, directions be issued to the Election Officer for demarcating proper wards and publishing the voter list in accordance with the said Rules. The interim relief prayed is for staying the ensuing Gram Panchayat election for the said village which were to take place on 6/10/2020.