MEERA MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant petition under Article 226 of the Constitution of India, the petitioner has prayed that the ensuing bye-election for the post of Pradhan of Panchayat Samiti, Salumber be declared illegal, while seeking quashment of the corresponding election notification dated 26.09.2019, issued by the State Government.

(2.) The factual matrix of the case, relevant for the present purposes lies in a very narrow compass: the petitioner having contested election of Member of the Ward No. 13 of Panchayat Samiti Salumber, District Udaipur held in the year 2015, lost to Sh. Phoolchand Meena, who ultimately became Pradhan of Panchayat Samiti Salumber. The said Phoolchand Meena before completing his tenure of 5 years, passed away on 03.08.2019 leaving the office of Pradhan as well as the seat of Member, Ward No. 13 vacant.

(3.) Since the office of Pradhan was reserved for member of Scheduled Tribe category, one Smt. Ganga Meena was given charge of Pradhan till further orders. After some time, the State Government proceeded to hold bye-election for the office of Pradhan, Panchayat Samiti Salumber and a notification dated 26.09.2019 came to be published cataloguing election programme.