BABLI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is filed by Sarpanch of Gram Panchayat Bakhatpura, Panchayat Samiti Gaddi, against whom 'No Confidence Motion' was taken up at the instance of eight members of the Panchayat out of twelve. A notice was given of the intention and such notice was served on the members.

(2.) One of the points raised by the learned counsel for the petitioner was that the notice of 15 clear days should have been given for holding the meeting. The time leg between the notice and the holding of the motion was less. Afer having read the amended Section 37(3)(iii) of the Rajasthan Panchayati Raj Act, 1994 (for short 'the Act'), the learned counsel for the petitioner gave up this point.

(3.) It was not argued by the learned counsel for the petitioner that the meeting was presided over by the Tehsildar, who was not the person authorised and was not the competent authority. To support his argument, he has placed reliance on a decision of this Court in Smt. Manjula v. State of Rajasthan and Ors., RLW 1997 (3) Raj. 2049. In this case, the petition was allowed holding that the person who initiated the proceedings, was only holding the charge of the head of the Zila Parishad and thus, the proceedings were quashed. He was only an official of the Zila Parishad and not the Chief Executive Officer.