RAM PRASAD Vs. OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was reelected to the office of Sarpanch, Gram Panchayat, Gulabpura on February 9, 1978. The term of the Gram Panchayat under Section 7 of the Rajasthan Panchayat Article 1953 (for short 'as 'the Act') was for five years. By the Rajasthan Laws (Amendment) Ordinance, 1981 (Ordinance No. 10 of 1981, Section 7 of the Act was amended whereby the term of the Panchayat was reduced from five years to three years. By the Rajasthan Panchayat (Extension of Term) Ordinance, 1981 (Ordinance No. 11 of 1981) the term of Panchayats in (Rajasthan was extended upto 31st of December, 1981 or till the day immediately preceding the date of the first meeting of the Panchayat as a result of the periodical general election, whichever is earlier. By a communication dated September 10/11, 1981, the State Government decided to hold elections of the Panchayats in March 1982 and in the said communication it is also stated that the elections are proposed to be held before January 31, 1981 (Vide annexure 3). In view of the communication of the Chief Election Officer, Rajasthan (Annexure 3), the Collector, Bhilwara, issued a public notice dated 25 -11 -1981 (Annexere 4) under Rule 14 read with Rule 48 of the Rajasthan Panchayat Nyaya Up Samiti Election Rules, 1960, whereby the Collector published the programme of the elections to the Gram Panchayat, Gulabpura. According to the programme December 13, 1981, was fixed for filling nomination papers followed by the scrutiny and withdrawal on the same day and the poll was to take place on 14 -12 -1981. The State Government issued a notification Annexure 4 dated November 9, 1981, under Section 6(1) of the Rajasthan Municipalities Act, 1959, whereby it proposed to constitute Gulabpura as a Municipality in view of the fact that the population of the village Gulabdura is 11, 586 and objections were invited from the public within a period of two months. The Collector (Elections). Bhilwara, issued another public notice dated December 3, 1981, whereby it was informed that in view of the directive of the Election Department, elections of the Gram Panchayat, Gulabpura, will not be held on 14 -12 -1981. Annexure 6 refers to the wireless message of the Director of Elections, Rajasthan, Jaipur, dated November 30, 1981, which states that in view of Local Self Government Department, Notification No. F. 1(B)(2) LSG/81/4155 dated 9 -11 -1981 converting Gram Panchayat, Gulabpura in Municipality, it has been decided not to hold election of Gram Panchayat Gulabpura. In view of the orders of the Election Department, the Collector withdrew the public notice dated 25 -11 -1981 (Annexure 4) for holding elections of the Panchayat. The petitioner by this writ petition challenges the said public notice Annexure 6 of the Collector. The ground of challenge is that the Collector having issued the public notice dated 25 -11 -1981 could not withdraw Annexure 4 under orders of the Government and the Government had no authority to take a decision not to hold the elections of the Gram Panchayat Gulabpura. In view of the fact that the term of the Panchayat was going to expire on December 31,1981, on the direction of the Court the Deputy Government Advocate took notice and put in appearance. Looking to the urgency of the matter the writ petition was finally heard at the admission stage.

(2.) A return to the writ petition has been filed on behalf of the respondents. The respondent's case is that the order issued by the State Government was simply meant to bring to the notice of the Collector that in view of the fact that Gram Panchayat, Bhilwara, is proposed to be converted into Municipality, and since the Municipal elections are also due to be held very shortly, it was advisable not to hold the Panchayat elections at present. The unnecessary holding of dual rlections within a very short period may be avoided in public interest. It was averred that the term of Panchayats in Rajasthan has been reduced to three years and this case of the petitioner is denied that the petitioner is entitled to remain in office beyond 31 -12 -1981 or till the the day immediately preceding the date of the first meeting of the Panchayat as a result of the next periodical general elections. It was also alleged that the Collector issued the public notice Annexure 6 in bona fide discharge of public duty in public interest.

(3.) I have heard Shri M.M. Singhvi learned counsel for the petitioner, and Shri D.S. Shishodia, learned Government Advocate, for the respondents.