LAXMAN MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner Laxman Meena who had been elected as Sarpanch of Gram Panchayat Chhoti Udai in the District Sawai Madhopur has challenged the initiation of a proceeding by the Chief Executive Officer, Zila Parishad, Sawai Madhopur for passing No Confidence Motion against the petitioner for which a notice was issued on 24-9-97 convening a meeting for the said purpose which was to be held on 14-10-97.

(2.) The grounds of challenge to the said proceeding are based on Section 37 of the Rajasthan Panchayat Raj Act, 1994 read with Rule 21 of the Rajasthan Panchayat Raj Rules, 1996 and the principal contention in this regard is that the meeting for the said purpose should not be allowed to be conducted since the very initiation of the proceeding has been done violating the mandatory procedure enumerated in the aforesaid provisions of the Act.

(3.) The controversy therefore, which crops up for consideration in the case at hand is, whether a No Confidence Motion against an elected Sarpanch can be allowed to be initiated and proceeded with on the plea that even though the procedure for such action has not been followed, the same should not be interfered with, if ultimately the motion has been carried through.