RAJMAL MEHTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This case has been referred by the learned single Judge for decision by a Full Bench as the case involved interpretation of Article 309 of the Constitution of India. The writ petition as a whole has been referred to the Full Bench and as such apart from the legal question raised in the case, the entire writ petition has to be decided on merits.

(2.) The Government in exercise of powers conferred by sub-section (1) of Section 79 read with Section 26 of the Rajasthan Panchayat Samitis and Zila Parisad Act, 1959 (hereinafter referred to as "the Act"), had framed Rajasthan Panchayat Samiti (Selection of Vikas Adhikaris) Rules. 1968 (hereinafter referred to as "the Rules of 1963"). According to these rules Vikas Adhikaris were to be recruited from the members of

(3.) Thus, the effect of coming into force of these rules of 1982 is that the rules pf 1968 have been repealed. The first controversy which thus calls for determination in this case is whether the Governor in exercise of his power under Article 309 of the Constitution can repeal the rules made by the State Government in exercise of powers conferred by sub-section (1) of Section 79 read with Section 2.6 of the Act. Article 309 of the Constitution of India reads as follows: