BHAGWATI PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution for a direction restraining the Panchayat Samiti, Jayal, from implementing its resolution dated 18th December, 1961 by which it decided to dissolve all the seven Standing Committees formed under sec. 20 of the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 (hereinafter referred to as the Act) on 12th March, 1961.

(2.) THE petition was contested on behalf of all the respondents. Section 20 (10) and (11) of the Act run as follows: - "20. (10) THE term of office of every standing committee constituted under this section shall, subject to the provision contained in subsection (11), be co-extensive with the terra of office of the Panchayat Samiti. (11) As nearly as may be, one third of the members of a standing committee shall retire every year in accordance with rules made in this behalf: Provided that this sub-section shall not apply to the standing committees of the first Panchayat Samiti constituted under this Act before the 31st day of January, 1961. "