MOHAN LAL Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) Heard the learned counsel for the petitioner.

(2.) Mohanlal, petitioner herein, was an elected Sarpanch of Gram Panchayat Sarsi District Chittorgarh. Out of 10 members of the Gram Panchayat seven expressed no confidence against him and a resolution dated 22.9.2002 was passed by them which was submitted alongwith notice Anx. 1 to the respondent No. 2, Chief Executive Officer of Zila Parishad on 24.9.2002. The Chief Executive Officer issued notices to all the members of the Gram Panchayat. The copy sent to the petitioner is Anx. 2 by which the meeting for consideration of no confidence motion was fixed at 11.00 A.M. on 17.10.2002 at the head quarter of the Gram Panchayat Sarsi. Simultaneously the Chief Executive Officer has nominated respondent No. 3, Tehsildar Nimbahera to preside over the meeting scheduled to be held on 17.10.2002. On 17.10.2002 in the meeting held for consideration of no confidence motion not only the petitioner but the remaining nine members also participated and the no confidence motion was supported by eight members and was passed vide Anx. 3.

(3.) Aggrieved against that the petitioner has filed this petition raising amongst others the technical grounds that the meeting of no confidence motion could be convened by the competent authority and not by the Tehsildar. A person who is IAS or RAS can be the competent authority to convene the meeting referred above. Similarly, it was contended that the Tehsildar instead of following the procedure of secret ballet for carrying out the no confidence motion asked the members to cast their votes by show. of hands. According to the petitioner both the legal objections referred above go to vitiate the proceedings Anx. 3 by which no confidence motion has been held to be carried through.