DHARAM CHAND Vs. STATE

JUDGEMENT

(1.) By this writ petition, the petitioner seeks to quash the notice issued for the meeting for the Panchayat Samiti, Deogarh to be held on 18-3-89, for consideration of 'No Confidence Motion' against the petitioner and the petitioner has also sought relief for declaring S.39(11) of the Rajasthan Panchayat Samitis and Zilla Parishads. Act, 1959 (for short `the Act') is ultra vires the provision of the principles of democracy, as enshrined in the Constitution of India.

(2.) We may state a few facts relevant for the disposal of this writ petition.

(3.) The petitioner is a Pradhan of Deogarh Panchayat Samiti elected on 5-7-88. A notice of intention to make motion of no confidence against the petitioner was submitted to the Collector having jurisdiction over the Panchayat Samiti along with a copy of the proposed motion. The Collector, in turn, issued notice to the members of the Panchayat Samiti along with a copy of the proposed motion. The notice was to the effect that the motion shall be considered in the meeting to be held in the office of Panchayat Samiti on 18-3-89 at 11.00 a.m. The petitioner has challenged the notice dated 1-3-89 (Ex. 1) whereby the Collector has called the meeting for consideration of no confidence motion on the ground that the copy of the motion does not bear the names of the members of the Panchayat Samiti, who have submitted the notice of intention to make the motion and as such, the notice is bad.