STATE OF RAJASTHAN Vs. JUGNU JOSHI

JUDGEMENT

(1.) Appeals filed by the State of Rajasthan and Ors. were allowed on 2/5/2017. The respondents seek re-call of the order in view of a subsequent Division Bench judgment pronounced on 18/8/2017. While deciding the appeals on 2/5/2017 view taken was that on account of the amendment to Rule 226 (3) of the Rajasthan Panchayati Raj Rules, 1996, the Proviso being deleted, requisite qualifications has to be acquired as per the advertisement and not as per the Proviso which existed preamendment.

(2.) Subsequent view taken was that the amendment was only to the Rule in question and the Proviso was left intact. The decision on which review/re-call is predicated is challenge before the Supreme Court.

(3.) Learned counsel for the parties states that the application may be disposed of declaring that the view taken by the Supreme Court concerning the subsequent decision dtd. 18/8/2017 shall bind the parties.