BHAWANI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE facts of this case lie in a narrow compass. THE petitioner was elected as a Sarpanch of the Gram Panchayat, Sildar in Tehsil Sirohi. THE total strength of the aforesaid Gram Panchayat as fixed by the State Government is 13 Panchas, besides a Sarpanch. On July 28,1971, eight of the Panchas of Gram Panchayat, Sildar gave notice of a motion of no confidence against the petitioner in respect of the office of Sarpanch THE aforesaid notice of motion of no confidence was addressed to the Collector, Sirohi and the case of the petitioner is that it was presented by the eight Panchas before the Collector, Sirohi. It appears that the Collector forwarded the aforesaid notice of motion of no-confidence to be the Deputy District Development Officer, (hereinafter referred to as 'the D. D. D. O. ') Sirohi who was the competent authority in the matter and the D. D. D. O. on receiving the aforesaid notice of motion of no-confidence, called a special meeting of the Panchayat on September 13, 1971 for consideration of the motion of no confidence and authorised the Tehsildar, Sirohi, to preside over the said meeting of the Gram Panchayat. Notices in respect of holding of the special meeting of the Panchayat for considering the motion of no confidence against the petitioner from the office of Sarpanch were sent by D. D. D. O. to all the members of the Gram Panchayat, Sildar, including the petitioner. THE meeting took place on September 13, 1971 as scheduled and 11 members of the Panchayat, including the petitioner, were present at the said meeting, out of whom, ten Panchas cast their votes against the petitioner, while the petitioner was the lone dissenter. THE result was that the motion of no-confidence against the petitioner was carried by ten votes to one.

(2.) THE petitioner raised the following three objections before the Tehsildar, Sirohi, who presided over the aforesaid meeting of the Panchayat, convened to consider the motion of no-confidence against the petitioner, namely : - (1) two of the Panchas, Durjan Singh and Gulaba had ceased to hold the office of Panchas and as such, they were not eligible to take part in the proceedings of the Panchayat and they should have been excluded from the said meeting held on September 13, 1971; (2) under sub-sec. (2) of sec. 19 of the Rajasthan Panchayat Act, 1953 (hereinafter referred to as 'the Act') the motion of no-confidence against a Sarpanch must be carried by majority of not less than 3/4th of the total number of Panchas, including the Sarpanch and as the total number of members of the Gram Panchayat, Sildar was 14 the minimum number of Panchas who should have voted in favour of the motion of no-confidence so that the same could be carried, should have been at least 11, As only ten Panchas had voted in favour of the motion of no-confidence against the petitioner, it could not be declared to have been carried ; and (3) the notice to move the motion of no-confidence against the petitioner was neither addressed to nor it was delivered to the Deputy District Develop-ment Officer by the eight Panchas, as required by sub rule (1) of Rule 14 of the Rajasthan Panchayat and Nyaya Panchayat (General) Rules, 1961 (hereinafter referred to as 'the Rules') and as such the said notice was illegal and invalid.