LAWS(RAJ)-2015-5-219

TRILOK SINGH Vs. STATE OF RAJASTHAN & ANR

Decided On May 19, 2015
TRILOK SINGH Appellant
V/S
State Of Rajasthan And Anr Respondents

JUDGEMENT

(1.) HEARD on admission.

(2.) BY this petition, the petitioner has challenged the constitutional validity of proviso added to Rule 265 by amendment of the Rajasthan Panchayati Raj Rules, 1996 vide notification dated 21.06.2010. The impugned proviso reads as under : -

(3.) IT is not in dispute that an identical proviso was inserted to Rule 9 of the Rajasthan Educational Subordinate Service Rules, 1971 vide notification of the Department of Personnel dated 23.9.2008 and it was matter of challenge before the coordinate Bench of this High Court in Prem Ratan Modi vs. The State of Rajasthan and Ors, 2013 1 WLC(Raj) 39. The reasonings, given by the coordinate Bench while dismissing the case in paragraphs 20 to 24, are as under : -