PAWAN KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking following reliefs:

(2.) The petitioner is an elected Sarpanch of Gram Panchayat, Chhodia through election held on 24/9/2020. She has filed this writ petition being aggrieved with no confidence proceedings initiated against her by the Chief Executive Officer, Zila Parishad, Jaisalmer pursuant to the notice of no confidence motion submitted by the Members of the Gram Panchayat. The meeting for consideration of no confidence motion is scheduled to be held on 9/12/2022.

(3.) The principal argument of the learned counsel for the petitioner is this that she is not in receipt of any notice of proposed meeting. It is contended that as per the provisions of Rule 21(2) of the Rajasthan Panchayati Raj Rules, 1996 (hereinafter to be referred as 'the Rules of 1996'), it is mandatory that a notice is issued to all the Members of the Gram Panchayat including the Sarpanch but the petitioner has not been served with any such notice. When the notice of the meeting of the Gram Panchayat for consideration of the no confidence motion against the petitioner has not been served upon her along with the proposed no confidence motion, the whole proceedings initiated against the petitioner for consideration of no confidence motion are vitiated and the same are liable to be set aside.