NAND LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WHAT is the meaning of the phrase 'the total number of members of the Panchayat' mentioned in sub-sec. (2) of section 19 of the Rajasthan Panchayat Act, 1953 (hereinafter to be called "the Panchayat Act") is the question that arises for determination in the present writ petition.

(2.) THERE exists a Gram Panchayat Talabgaon in the district of Jaipur and is functioning under provisions of the Panchayat Act. The strength of the Panchayat is 11 members. It is common case that one of the member is dead. On 12-3-75 a motion of no confidence was presented against the petitioner who is a Sarpanch of the Panchayat. This no confidence motion was taken up at a meeting of the Panchayat on 14 4-75. Eight persons voted in favour of the no-confidence motion while two opposed it. The Tehsildar who was the Presiding Officer declared the no confidence to be lost. Subsequently however respondent No. 4 the Land Acquisition Officer informed the petitioner that no confidence has been passed on 14-4-75 and directing the petitioner to send his resignation under rule 18 (2) of the Rajasthan Panchayat and Nyaya Panchayat (General) Rules, 1961 hereinafter to be called 'the 1961 Rules' ). The petitioner feels aggrieved and has come to this Court by way of a writ petition.

(3.) THE result is that I find no merit in the writ petition and would therefore dismiss it but with no order as to costs.