RAMU RAM Vs. CHIEF EXECUTIVE OFFICER SRIGANGANAGAR

JUDGEMENT

(1.) THE instant Special Appeal is directed against the order of the learned Single Judge dated 5. 9. 2003 dismissing the writ petition.

(2.) THE appellant was elected as Sarpanch of the Gram Panchayat 14 APD on 31. 1. 2000. He was served with a notice of meeting dated 21. 8. 2003 (Annex. P/1) for consideration of motion of no confidence against him. He also received a photo stat copy of the proceedings of the meeting of the Gram Panchayat held on 18. 8. 2003 presided by Upsarpanch. THE proceedings shows that a decision was taken in the said meeting to move a motion of no confidence against the appellant. A copy of the proceedings of the said meeting dated 18. 8. 2003 is placed on record as Annex. P/2. Appellant expressed his doubt as to genuineness of the document and, as such, he applied to Zila Parishad for supplying certified copy of proceedings Annex. P/2. THE appellant challenged the entire proceedings on the ground of being in violation of provisions of Section 37 (2) of the Rajasthan Panchayati Raj Act, 1994, hereinafter referred-to as "the Act of 1994" and Rule 21 of the Rajasthan Panchayati Raj Rules, 1996, hereinafter referred-to as "the Rules of 1996. Appellant-petitioner approached to this Court by way of petition under Article 226 of the Constitution of India. It was contended before the learned Single Judge that no notice as prescribed in Form-I as required by Rule 21 of the Rules of 1996 was presented before the Chief Executive Officer, as such, the very initiation of proceedings for no confidence motion is ex facie illegal and void. Learned Single Judge dismissed the writ petition on the ground that the petitioner did not make any effort to inquire about submission of Form-I to the Chief Executive Officer.

(3.) THUS, it is evident that at the first instance, the proceedings are to be initiated by giving a notice expressing want of confidence in the Sarpanch in Form-I, which is required to be accompanied with the copy of the proposed motion. For ready reference, the Form-I is being extracted as follows: FORM i [see Rule 21 (1)] Form of the Written Notice of Intention to Make a Motion Expressing Want of Confidence In the Sarpanch/up-Sarpanch of. . . . . . . . A Panchayat In the Pradhan/up-Pradhan of. . . . . . . . . A Panchayat Samiti In the Pramukh/up-Pramukh of. . . . . . . . . A Zila Parishad To, The Chief Executive Officer/development Commissioner, Zila Parishad, Rajasthan, Jaipur NOTICe Sir, We, the undersigned elected members of the. . . . . Panchayat/panchayat Samiti/zila Parishad hereby give this notice to you of our intention to make a motion of no-confidence in Shri. . . . . . . the Sarpanch/up-Sarpanch/pradhan/up- Pradhan/pramukh/up-Pramukh of our Panchayat/panchayat Samiti/zila Parishad and also annex hereto a copy of the proposed motion of no-confidence. Yours faithfully, Place. . . . . . . . Date. . . . . . . .