STATE OF RAJASTHAN Vs. ARCHANA

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. Section 78 to Section 84 of the Act of 1994 deals with appointment and deputation of officers and staff, while Section 89 deals with the formation of service for the Panchayati Raj Institutions in the name of "Rajasthan Panchayat Samiti and Zila Parishad Service". Section 90 deals with the constitution and functions of District Establishment Committee and Section 91 pertains to discipline among the members of the Panchayat Samiti and Zila Parishad service.

(2.) SECTION 102 of the Act of 1994 empowers the State Government to make Rules to carry out objects and the purposes of the Act. Exercising this power, the State of Rajasthan framed "The Rajasthan Panchayati Raj Rules, 1996" (hereinafter referred to as the 'Rules of 1996'). Chapter XII of the Rules of 1996 relates to the recruitment of staff for the Panchayati Raj Institutions and to regulate other service conditions for the employees.

(3.) A second proviso was added to Rule 273 under a notification dated 11.5.2011 and that reads as under: -