GOVIND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, by this writ petition, has sought to challenge the order dated 02.07.2009 (Annexure-3). THErefore, it has been prayed that the said order may be quashed and set aside. Further, it is prayed that the respondents may be directed to appoint the petitioner on the post of Sarpanch of Gram Panchayat, Kasba Shahar, District Karauli.

(2.) THE relevant facts giving rise to the present writ petition are that the elections of Gram Panchayat, Kasba Shahar, were held in the year 2005. THE petitioner who belongs to the Scheduled Caste category was elected as a panch from Ward No.1. THE post of Sarpanch was also reserved for the Scheduled Caste category. Shri Ramdev Sambhariya was elected as Sarpanch of the said Gram Panchayat. THEreafter, Sarpanch Ramdev Sambhariya expired on 26.05.2009 as a result of which, the post of Sarpanch of the Gram Panchayat had become vacant. THE District Collector, Karauli had called all the panchas of the panchayat belonging to scheduled castes category. In this regard, notice was issued by Zila Parishad Karauli on 23.06.2009 and by Panchayat Panchayat Samit, Nadoti on 24.06.2009. In pursuance thereof, the Gram Panchayat had issued notice on 25.06.2009. THE District Collector, Karauli had then appointed Shri Jagdish, respondent No.6 as Sarpanch of the Gram Panchayat, Kasba Shahar vide order dated 02.07.2009. It is the said order which has been assailed by the petitioner in the present writ petition.

(3.) A reading of Section 42 of the Act makes it clear that in the event of the office of a member, chairperson or deputy chairperson of the Panchyati Raj Institution having become vacant by death, then the vacancy is to be filled up by election if the term of such vacancy does not expire within six months. A person so elected is to hold office for the remaining period of the term during which the outgoing person would have been entitled to hold office, if the vacancy had not occurred. Under Section 26 of the Act, the State Government is empowered to appoint a person till the vacancy is filled up by election within a period of six months. Of course, the said provision is applicable in a situation when the electors of a Panchyat Circle fails to elect Sarpanch in accordance to sub-section (1) of Section 26 or if the panchas fails to elect an Up-sarpanch. Therefore, there is a consonance between the provisions of Section 26 and 42 of the Act of 1994 in the manner that if a vacancy is caused due to death, the State Government can fill up such vacancy by appointment till election are held for the same. In other words, the State Government has power to fill up the vacancy on account of the death of a member or chairperson or deputy chairperson till such vacancy is filled up by election.