ARCHANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY 73rd amendment of the Constitution of India, a constitutional status was conferred on Panchayati Raj Institutions as the third stratum of governance. The amendment aforesaid was a landmark step to satisfy directives of the State Policy enshrined under the Constitution. With an object to bring a law relating to Panchayati Raj Institution in conformity with the constitutional status granted to such institutions, the Rajasthan State Legislature enacted Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act of 1994 '). The Act of 1994 is a complete code of governance through Panchayati Raj Institutions in rural area of the State.

(2.) AN amendment was further made in Rule 273 aforesaid by introducing a new proviso vide the Government of Rajasthan notification dated 17.12.2012, however, the same was re-amended by the Rajasthan Panchayati Raj (Amendment) Rules, 2013 notified under a notification dated 29.1.2013 and the existing second proviso reads as under :

(3.) THE classification made under proviso second to Rule 273 of the Rules of 1996 on basis of the mode of engagement on specified post in MGNREGA came to be declared bad by a Division Bench of this Court in batch of writ petitions led by DBCivil Writ Petition No.1723/2013, Mitendra Singh Rathore & Ors. v. State of Rajasthan & Ors. In result, the proviso second to Rule 273 of the Rules of 1996 now reads as under :