LADU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Writ petition has been preferred questioning vires of Section 109 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act of 1994'), requiring notice to be given to concerned Panchayat before institution of a suit with respect to matter enumerated in the section. Suit was proposed to be filed with respect to matter enumerated in the section.

(2.) Counsel appearing on behalf of petitioner has submitted that under Section 80(2) of the Code of Civil Procedure in urgent cases at present suit can be instituted in the Civil Court without notice, but no such provision has been made under Section 109 of the Act of 1994. Hence, provisions are arbitrary and ultra vires.

(3.) Counsel has also submitted that petitioner is left remedy less as this Court in Gram Panchayat Gangwa Vs. Bankatlal S/o Hanumanprasad & Ors.,2004 2 DNJ 723, opined that suit is not maintainable without complying the requirement of Section 109 of the Act of 1994 and suit was ordered to be dismissed.