BANSHILAL SALVI S/O. SH. RAU JI SALVI Vs. STATE OF RAJASTHAN THROUGH SECRETARY TO THE GOVERNMENT, RURAL DEVELOPMENT & PANCHAYATI RAJ DEPARTMENT

JUDGEMENT

(1.) The petitioner, who is a Sarpanch of Gram Panchayat, Pasoond, Panchayat Samiti, Rajsamand, District Rajsamand, has filed this writ petition being aggrieved with the notice dated 20.11.2017 (Annexure-3) issued by Chief Executive Officer, Zila Parishad, Rajsamand, whereby he called for a meeting on 04.12.2017 at 11:00 A.M. for consideration of no-confidence motion against the petitioner.

(2.) Learned counsel for the petitioner has argued that the impugned notice as well as the action of the Chief Executive Officer, Zila Parishad, Rajsamand are illegal and liable to be set aside because the meeting for consideration of no-confidence motion was called by him after expiry of 30 days, whereas sub( section (3) of Section 37 of the Rajasthan Panchayati Raj Act, 1994 (for short 'the Act of 1994' hereinafter) specifically provides that meeting for consideration of no-confidence motion cannot be convened after 30 days from the date on which the notice under sub-section (1) of Section 37 of the Act of 1994 is delivered to him.

(3.) It is submitted that admittedly in the present case, the Ward Panch submitted application on 25.10.2017 and as per the requirement of law, the meeting for consideration of no-confidence motion was to be called within 30 days and that period expired on 24.11.2017, whereas the meeting for consideration of noconfidence motion against the petitioner has been fixed on 04.12.2017 and as such the impugned notice and the proceedings pursuant thereto are liable to be quashed and set aside.