VIKRAMAJEET Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 22.7.2002 against the respondents with the prayer that by an appropriate writ, order or direction, the circular dated 12.7.2002 (Annex. 2) issued by the respondent No. 1 State of Rajasthan by which it was directed that on becoming the post of Sarpanch vacant belonging to reserved category, if the Vice -Chairman does not belong to reserved category, in that event, State Government could nominate any member of reserved category for taking over the charge of that vacant post and the order dated 12.7.2002 (Annex. 4) by which in compliance of circular Annex. 2 dated 12.7.2002, the respondent No. 5 Sohan Lal, who belongs to reserved category (OBC) was nominated and given charge of Sarpanch, Gram Panchayat Chunagarh, Panchayat Samiti, Sri Ganganagar till further orders or till vacancy is filled -in up by election, whichever is earlier, be quashed and set aside.

(2.) THE case of the petitioner as put forward by him in this writ petition is as follows

(3.) IN this writ petition both the circular Annex. 2 dated 12.7.2002 and the order dated 12.7.2002 (Annex. 4) have been challenged on various grounds and the main grounds are as follows