RAMESHWAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution, the relief claimed is for issuing directions to the respondents to forthwith hand over the charge of office of Sarpanch, village Panchayat Kaliasar (District Jhunjhunu) to the petitioner.

(2.) AS per averments disclosed in the petition, the petitioner was elected as Sarpanch village Panchayat Kaliasar in the elections which took place on July 6 1988. After his election, he was duly administered oath of office by the Returning Officer. Respondent No. 5 Shri Bhagwan Singh is the ex-Sarpanch of village Panchayat Kaliasar. He also contested the election but lost it. Charge of the office of Sarpanch has not been handed over to the petitioner by respondent No. 5 Bhagwan Singh. The petitioner approached the Collector and the Additional District Development Officer, Jhunjhunu to seek their help to get the charge handed over to him. But the attempts proved abortive. He has, therefore, approached this Court to seek the directions mentioned at the very outset.

(3.) THE petitioner is a duly elected Sarpanch. It is not only highly shocking but painful also that the petitioner a duly elected Sarpanch is running from pillar to post to get the charge of the office and the state functionaries who are legally bound to get the charge delivered to the petitioner are turning a cold shoulder to his genuine demand. THE democratic institutions will be doomed if this state of affairs continues where the elected Sarpanch is not allowed to function. THE elections will lose its purposeful meaning if the elected body is prevented from discharging the functions in this or that garb.