SENA KUMARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner by way of this writ petition challenges the order dtd. 12/2/2019 issued by the Joint Secretary (Legal), Urban Development and Panchayat Raj Department whereby on account of resignation of the present Pradhan (Shri Harendra Ninama) of the Panchayat Samiti, Ghatol, who was elected as an M.L.A., the State Government has nominated one Smt. Jeevani, who is the Member of the concerned Panchayat Samiti to take over the charge of the post of Pradhan till regulation is conducted.

(2.) Learned counsel for the petitioner - Sena Kumari, who is also one of the elected Member of the Panchayat Samiti, Ghatol submits that the petitioner belongs to Bhartiya Janta Party (BJP), who has a majority in the Panchayat Samiti, while the respondent No. 7 Smt. Jeevani was from Congress Party, who was having minority in strength in the Panchayat Samiti, Ghatol and, therefore, a Member from a party which had minority in the Panchayat Samiti could not have been nominated for taking over the charge of the post of Pradhan by the competent authority and the powers exercised was illegal and unjustified.

(3.) Learned counsel for the petitioner also takes this Court to the provisions of Sec. 25 (1) of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as the 'Act of 1994') which reads as under:-