MALURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application by Maluram under Article 226 of the Constitution.

(2.) BRIEFLY put the case of the applicant is that he was Sarpanch of Tehsil Panchayat lunkeransar. The Panchas of the Panchayat passed a motion of no-confidence against him on the 13th October, 1955. The applicant contend ed that this motion of no confidence was illegal in view of the provisions of Section 19 of the Rajasthan panchayat Act, 1953, read with Section 58 (3) of the Act. According to the applicant, Section 19 requires that 3/4ths of the total number of panchas have to concur before a vote of no-confidence is passed and this includes the Surpanch also as a Panch. In the present case the Tehsil Panchayat consisted of a Sarpanch and 8 Punches, i. e. , the total number of Panchas was 9. 3/4ths of that is 63. Therefore, according to the applicant, at least 7 panchas should have voted in favour of the motion of no confidence. Actually only sis Panchas voted in this case in favour of the motion and the applicant, therefore, contends that he has not been removed under the "law.

(3.) THE main question that calls for consideration is whether the words "total number of Punches" appearing in Sub-section (2) of Section 19 include Sarpanch or not. If they do include the Sarpanch. the motion in this case has not been passed as required by Sub-section (2 ). If they do not include the Sarpanch, and this is the contention on behalf of the State, then the motion must be deemed to have been passed as required by Sub-section (2) of Section 19.