RAMESHWAR SINGH Vs. STATE

JUDGEMENT

(1.) Under this writ petition the petitioner has challenged the proceedings that took place in meeting held on Aug. 26, 1988 wherein, motion of no-confidence against the petitioner who is Sarpanch of Gram Panchayat, Kaliyasar, Panchayat Samiti Alsisar was passed and in consequence thereof notice dated Dec. 8, 1988 (Annexure-4) was issued and it has been prayed that the above mentioned notice and the proceedings of meeting dated Aug. 26, 1988 be quashed and appropriate order/ direction be issued that the petitioner continues to be Sarpanch.

(2.) It has been stated by the petitioner in the petition that he was elected Sarpanch of Gram Panchayat Kaliyasar on July 6, 1988. He was administered oath on the same day. The Additional District Development Officer, Jhunjhunu under notice dated Aug. 18, 1988 convened a special meeting of the village panchayat for consideration of motion of no-confidence moved against the petitioner by some of the panchas. This meeting was to be held on Aug. 26, 1988 at the head quarters of village panchayat Kaliyasar and the S.D.C. Jhunjhunu was appointed to preside over the meeting. It is stated that normally such meetings are presided over by Tehsildar but in this case it was to be presided by the S.D.O. Shri Pratap Bhanu Poonia, who is a protege of Shri Sheeshram Ola, a minister in the Government of Rajasthan. This notice is marked as Annexure-1. The petitioner had earlier filed another writ petition being No. D.B.C.W. P. No. 2792/ 88 before this. Court wherein it was prayed that notice dated Aug. 18, 1988 regarding no-confidence motion against the petitioner be set aside; Rules 14, 15 and 16 of the Rajasthan Panchayat and Nyaya Panchayat; (General) Rules, 1961 (for short `the Rules, 1961') be declared to be invalid and struck down and Section 19 of the Rajasthan Panchayat Act, 1953 (for short `the Act 1953') be also declared to be invalid and struck down for the reasons given in the said petition. As a result of interim order passed on Aug. 25, 1988 the meeting was permitted to be held on Aug. 26, 1988 as scheduled but the result thereof was stayed. This petition was dismissed on Dec. 7, 1988 and the result of the no-confidence motion was permitted to be declared which was passed in the meeting against the petitioner.

(3.) It is submitted by the petitioner that in the earlier writ petition the proceedings of the meeting held on Aug. 26, 1988 were neither assailed nor they were liable to be assailed at that time as the petition was filed earlier to Aug. 26, 1988.