KALAWATI Vs. MUNSIF BAYANA

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution by Smt. Kalawati and Smt. Kisturi directed against a decision of Munsif Bayana acting as a Tribunal under R. 78 of the Rajasthan Panchayat and Nyaya Panchayat Election Rules 1960 setting aside their co-option as members of the Brahmvad Panchayat.

(2.) THE election of the Panchas and Sarpanch of the Panchayat took place on 10. 12. 60. On 11. 12. 60 the Sarpanch issued notices convening a special meeting for the co-option of two women on 18. 12. 60. According to the Sarpanch no co-option took place at this meeting as adjourned it on the ground that there was an apprehension of a breach of peace taking place. No date for holding the adjourned meeting was however fixed at that time. THE Sarpanch issued notices on 28. 12. 60 convening a special meeting for co-option on 30. 12. 60. On that date, Smt. Kalawati and Smt. Kisturi were declared as co-opted. THEir co-option was challenged by respondents 3 to 8 on a number of grounds. THE Tribunal held that the Sarpanch had no power to convene a special meeting for co-option beyond 15 days from the date of his election as Sarpanch in view of the provision of sec. 9 (2) of the Rajasthan Panchayat Act 1953. Against that decision the present writ petition has been filed. THE contention on behalf of the petitioners is that the Sarpanch is authorised to convene a special meeting for co-option even beyond 15 days of the date of election provided that the officer appointed by the Collector in this behalf does not convene one.