SURESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This special appeal is directed against the interim order dated 11.4.19 passed by the learned Single Judge of this court in S.B.C.Writ Petition No.4924/19, which reads as under:

(2.) The facts relevant are that the third respondent-writ petitioner, was declared elected as Pradhan, Panchayat Samiti, Sri Dungargarh in elections held on 7.2.15. A motion expressing want of confidence in the third respondent as Chairperson of Panchayat Samiti, Sri Dungargarh was made by way of written notice dated 19.2.19, duly signed by 16 directly elected members of the Panchayat Samiti, the appellants herein, to the competent authority i.e. Chief Executive Officer, Zila Parishad, Bikaner. The competent authority convened the meeting for consideration of the motion in the office of Panchayat Samiti on 28.2.19. The members of the Panchayat Samiti were served with the notice dated 21.2.19 of the meeting convened as aforesaid, in the manner prescribed. As per mandate of provisions of sub-section (3) (iii) of Rajasthan Panchayati Raj Act, 1994 (for short "the Act"), the competent authority was under required to give notice to the members of not less than clear seven days of such meeting. Since, the period of notice issued as aforesaid was short by one day, the third respondent questioned the legality thereof by way of Writ Petition No.2991/19 before this court. The learned Single Judge of this court vide order dated 27.2.19 while issuing notices to the respondent therein, passed an interim order in favour of the writ petitioner in the following terms:

(3.) During the pendency of the writ petition, the notice dated 21.2.19 was withdrawn by the Chief Executive Officer, Zila Parishad, Bikaner vide order dated 7.3.19. Consequently, the writ petition preferred by the writ petitioner was dismissed by the learned Single Judge vide order dated 3.4.19 as having become infructuous with the observations as under: