NANDRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition by one Nandram against an order of the Tehsildar declaring that a no-confidence motion against him had been duly passed by a majority of not less than three-fourths of the total number of Panchas. The petitioner made a representation to the Collector which was rejected on the recommendation of the Deputy District Development Officer. The facts have been correctly stated in his note, annexure 2.

(2.) THE Panchayat consists of one Sarpanch and 8 elected Panchas. As a result of the general election no one was elected from ward No. 5. One Gangaram was appointed as Panch to this ward for a period of six months under sec. 8 of the Panchayat Act. Two ladies and one person belonging to the scheduled castes named Sheoram were co-opted to the Panchayat. As the Deputy District Development Officer has pointed out in annexure 2, Sheoram became a duly elected Panch to the Panchayat under sec. 9 (4) for the full term of it. On the expiry of the six months term of Gangaram a person belonging to the scheduled castes named Rekha was elected to ward No. 5. Sheoram thereafter stopped attending the meetings of the Panchayat under the impression that on account of the election of Rekha he no longer remained a Panch. But the Panchayat never declared that Sheoram's seat had become vacant on account of his absence from five consecutive meetings of the Panchayat as provided under sec. 17 (2) read with rule 12 of the Rajasthan Panchayat and Nyaya Panchayat ( General ) Rules, 1961.