SAMELA RAL Vs. ADDITIONAL DISTRICT

JUDGEMENT

(1.) THESE two writ petitions involve common question and, therefore, they are disposed of by this common order.

(2.) THE petitioner was elected as Sarpanch of the Gram Panchayat, Ren on 10 -5 -1968. The Gram Panchayat consisted of 11 Panchas and a Sarpanch i.e. 12 in all. At a meeting held on 7 -12 -1972 the Gram Panchayat by its resolution No. 3 expressed their no -confidence in the petitioner. The motion of no -confidence was carried unanimously. As a result, the office of the Sarpanch became vacant under Section 19(2) of the Rajasthan Panchayat Act, 1953. The petitioner by these two writ petitions challenges the validity of the motion of no -confidence on the ground that three of the Panchas viz., Nazira, Razak and Bhikaram having absented themselves from the five consecutive meetings of the Panchayat held on 29 -10 -1972, 5 -11 -1972, 12 -11 -1972, 19 -11 -1972 and 26 -11 -1972, they ceased to be Panchas under Section 17(2) of the Act and, therefore, their participation at the meeting held on 7 -12 -1972, which passed the motion of no -confidence was rendered invalid. On 17 -12 -74, this Court in S.B. Civil Writ Petition No. 3340 of 1974 declined to grant an ad -interim writ in the terms prayed for. It directed that the petitioner was not functioning as Sarpanch and the work shall be carried on by the Up -Sarpanch, but the respondents No. 1 and 2 were restrained from holding a fresh election for the office of the Sarpanch till the disposal of the writ petition.

(3.) THE short point involved in these writ petitions is whether the three Panchas viz., Nazira, Razak, and Bhikaram incurred an disqualification under Section 17(2) of the Act and, therefore, the quorum at the meeting held on 7 -12 -1972 when the motion of no -confidence was passed, was not there. Section 19(2) prescribes for a quorum of 3/4th of the total number of members of the Panchayat for a motion of no -confidence against the Sarpanch to be effective. If the Sarpanch does not resign within three days under Sub -section (2), he shall be removed by the Officer Incharge of the Panchayats under Section 19(3). Here, the Gram Panchayat consisted of 13 Panchas including the Sarpanch and, therefore, the requisite quorum would be 10. The motion of no -confidence was unanimously carried by 10 Panchas. The petitioner, of, course, opposed the motion.