HARI RAM Vs. COLLECTOR BIKANER

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution challenging the retirement proceedings held by Shri Karnail Singh respondent No. 6 at which the two petitioners Hariram and Hazariram, members of Sadhasar Nyaya Panchayat, were retired. The petition has been contested on behalf of Gadh Singh and Begaram respondents Nos. 4 and 5 who are the remaining Nyaya Panchas.

(2.) SEC. 27g (7) of the Rajasthan Panchayat Act lays down that as nearly as possible, one-third of the members of a Nyaya Panchayat shall retire by rotation, as soon as may be, on the expiration of every second year in accordance with rules made in that behalf by the State Government. The following rules of the Rajasthan Panchayat and Nyaya Panchayat Election R. 1960 are relevant in this connection - R. 64. When members of a Nyaya Panchayat to retire - (1 ). . . . . . . . . . . . . . . . . . (2) The Deputy District Development Officer shall, every second year, determine the number of members of a Nyaya Panchayat that shall retire upon the expiry of that year as provided in sub-sec. (7) of sec. 27c. R 65. Meeting for determining members of Nyaya Panchayats to retire first - (1) Before the expiration of two years from the date of formation of a Nyaya Panchayat, such officer, not below the rank of Tehsildar, as may be authorised by the Deputy District Development Officer in this behalf shall convened meeting of such Nyaya Panchayat on a date and time to be fixed by such officer for the purpose of determining the members of the Nyaya Panchayat who shall first retire as provided in sub-sec. (7) of sec. 27c (2 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R. 69. SECond retirement - (1) on the occasion of the second retirement of members of the Nyaya Panchayat, as provided in sub-sec. (7) of sec. 27c, a meeting shall be held before the expiration of four years from the date of its formation, as provided in sub-rule (1) of rule 65. (2) At this meeting the members to be retired, as determined under rule 64, shall be selected out of such of the first members of the Nyaya Panchayat as did not retire on the first occasion. (3 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R. 70. Third and subsequent retirements - (1) On the occasion of the third or any subsequent retirement, as provided in sub-sec. (7) of sec. 27-C, no meeting shall be held. (2) After the retirement referred to in R. 69, the members to be retired on the expiration of every second year as determined under R. 64, shall be those who have been longest in office as such members.