VEENA DASHORA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this writ petition for the following reliefs :-

(2.) Brief facts of the case are that the petitioner was elected as Pradhan of Panchayat Samiti, Bhainsroadgarh, Tehsil Rawat Bhata, District Chittorgarh on 07.2.2015 for a period of five years. The election of petitioner was as a consequence of her holding majority of Ward Members while she herself was elected from Ward No.11 amongst 15 Ward Members in Panchayat Samiti, Bhainsroadgarh. Counsel for the petitioner made a limited argument that a notice for no confidence motion was moved against her on 25.3.2019 and as per the receipt endorsed, the notice was received by the petitioner on 02.4.2019. Counsel for the petitioner submits that as per Section 37 of the Rajasthan Panchayati Raj Act, 1994 the petitioner and the other Members were supposed to be given a notice of not less than seven clear days of such meeting in such manner as may be prescribed. Counsel for the petitioner submits that since only six days have elapsed between the petitioner getting notice and the meeting, therefore, the mandatory provisions of Section 37(3)(iii) of the Act of 1994 have not been complied with. Counsel for the petitioner has drawn notice of this Court to definition of "Clear days" envisaged by Rajasthan Municipalities Act, 2009, which reads as follows :- Clause (6)-"Clear days" used with reference to the period of notice under any provision of this Act, includes Sundays and other holidays but does not include the date of receipt of such notice by the person to whom it is addressed or the date specified in the notice. Counsel for the petitioner, thus, tried to make out a case that as from the time of information received of meeting seven clear days are not available, therefore, the notice is illegal and contrary to the provisions of law.

(3.) This Court passed passed following interim order on 04.4.2019 :-