MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner was a Sarpanch of Gram Panchayat, Paota, Panchayat Samiti, Virat Nagar, Jaipur. On certain allegations a no-confidence motion was moved against the petitioner on 14-8-1998 and a meeting was scheduled to be held on 18-9-1998. Initially, there was a stay order in favour of the petitioner which was vacated on 7-10-1998.

(2.) Another notice of no-confidence was issued on 13-10-1998 for a meeting to be held on 23-10-1998. The petitioner challenges the notice dated 13-10-1998 (Annexure-1), by which the S.D.O., Kotputli, was directed to preside over the meeting by the S.D.O., Kotputli and also Annexure-2, the resolution passed on 23-10-1998 whereby the no-confidence motion of the petitioner was passed.

(3.) It is one of the contentions of the petitioner that under sub-section (4) of Section 37 of the Rajasthan Panchayati Raj Act, 1994 in a meeting where the no-confidence motion is to be moved, the meeting is to be presided over by the competent authority, provided for reasons to be recorded in writing the competent authority can nominate any other person to preside over the meeting. The competent authority has been defined under the Act, to be such officer or authority as the State Government may, by notification in the Official Gazette, appoint to perform such functions and exercise such powers. Section 37(4) reads as under :