LALIT KUMAR MALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this special appeal filed under Section 134 of the Rajasthan High Court Ordinance, the order dated 4.12.2017 passed by the learned Single Judge in SBCWP NO.15366/2017 is under challenged whereby the writ petition filed by the petitioner- appellant was dismissed.

(2.) As per the facts of the case, the appellant-petitioner was elected Sarpanch of Gram Panchayat, Revdhar, District Sirohi and against him no confidence motion was held in the meeting held on 31.10.2017. The petitioner-appellant challenged the said resolution before the learned Single Judge on the ground that proposed motion of no confidence was not filed in prescribed forum no.1 as provided under Rule 21 of the Rajasthan Panchayati Raj Rules, 1996 (hereinafter referred to as the Rules of 1996 for short) and further on the ground that the notice Annex.3 dated 12.10.2017, issued by the Chief Executive Officer for convening the meeting on 31.10.2017 for consideration of no confidence motion filed against him was served, therefore, resolution dated 31.10.2017 may be quashed.

(3.) Learned counsel for the appellant submits that on aforesaid grounds, the whole proceedings undertaken for the purpose of no confidence motion is illegal, but the learned Single Judge failed to consider the important aspect of the matter that resolution has been passed in contravention of rule 21 of the Rules of 1996. Further, it is argued that no notice was served upon him for convening meeting on 31.10.2017 as provided under the Rules of 1996, therefore, the finding arrived at by the learned Single Judge is totally erroneous and judgment as well as the resolution of no confidence motion dated 31.10.2017 passed against the petitioner-appellant may kindly be quashed.