DAULA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ application involves a short point viz., whether the direction of the Government dated 21st November, 1975, (Exhibit-3) that all motions for consideration of no-confidence against Pramukh, Up-Pramukh, Pradhan, Up- Pradhan, Sarpanch and Up-Sarpanch be stayed upto 31st December, 1975, due to drives of allotment of house-sites, allotment of agricultural land and other items of 20 points Economic Programme.

(2.) The question arises in this manner. The non-petitioner No. 4 Shri Hardeosingh is Pradhan, Panchayat Samiti, Fatehpur, District Sikar. A motion of no-confidence by the requisite number of members was moved against him and the Collector, Sikar, thereupon issued a notice dated 29th October, 1975 (Exhibit-1) calling the meeting for consideration of no-confidence motion on 24th November, 1975. However, in pursuance of the Government's direction dated 21st November, 1975 (Exhibit-3) referred to above, the Collector by his order bearing the same date, postponed the consideration of the no-confidence motion and cancelled the notice (Exhibit-1) calling the meeting on 24th November, 1975 for consideration of the no-confidence motion.

(3.) Thereupon the petitioner who is one of the signatories to the motion of no- confidence filed the present writ application in this court for issuing an appropriate writ for quashing the orders Exhibit-1, Exhibit-2 and Exhibit-3 and for issuing a direction to the Collector, Sikar, to convene the meeting for consideration of the motion at an early date.