TULSI RM MUND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The notification dated 10.11.09 issued by the Department of Panchayati Raj, Government of Rajasthan appointing administrator to exercise all powers and perform the duties of the Panchayat Samities in respect of the reconstituted and newly created Panchayat Samities which have come into existence by splitting up existing Panchayat Samities, is impugned in these writ petitions.

(2.) The relevant facts in nutshell are that the State Government decided to create certain new Panchayat Samities by splitting up existing Panchayat Samities in terms of the provisions of Sec. 101 of the Rajasthan Panchayati Raj Act, 1994 (in short "the Act of 1994") . In this process by splitting up existing Panchayat Samiti, Bikaner two Panchayat Samities viz. Bikaner and Khajuwala were created. Similarly, by splitting up existing Panchayat Samiti, Anoopgarh, two Panchayat Samities viz. Anoopgarh and Gharsana and by splitting up existing Panchayat Samiti, Kherwara, two Panchayat Samities viz. Kherwara and Rishabdeo were created. While creating the new Panchayat Samities by splitting up existing Panchayat Samities, vide notification dated 10.11.09, the State Government has appointed Vikas Adhikari of the respective Panchayat Samities as the Administrator to exercise the powers and perform the duties of the Panchayat Samiti under the Act of 1994 till the elections are held. Aggrieved thereby, these writ petitions have been preferred by the petitioners who were elected Pradhans of respective existing Panchayat Samities.

(3.) The writ petition nos. 10989/09, 10990/09 and 10991/09 relate to existing Panchayat Samiti, Anoopgarh, Panchayat Samiti, Bikaner and Panchayat Samiti, Kherwara respectively.