SARKI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is a lady who was elected as a Sarpanch of Gram Panchayat Shankhwali, Panchayat Samiti Ahore on 2. 3. 95 for a period of 5 years. Her term was to expire on 1. 3. 2000. THEre were 12 elected members of the Panchayat including the petitioner. No confidence motion was moved by the Panchas of the Gram Panchayat against the petitioner in a meeting held on 17. 7. 99 alleging that instead of the petitioner, her husband was acting as Sarpanch which resulted into corruption and seriously affected the progress of the village. On 19. 7. 99, no confidence motion was submitted to the Chief Executive Officer by those Panchas. On receiving the same, the Chief Executive Officer-respondent No. 2 gave notice to all the members of the Panchayat on 27. 7. 99 (Annex. 3) for considering the no confidence motion against the petitioner on 16. 8. 99. Simultaneously, he passed an order dated 27. 7. 99 (Annex. 4) delegating his power to Assistant Engineer to preside over the meeting which was to be held on 16. 8. 99. It was objected by the petitioner on the ground that the Chief Executive Officer cannot delegate his powers to Assistant Engineer under Section 37 (4) of the Rajasthan Panchayati Raj Act, 1994 (for short `the Act' ). However, the Assistant Engineer presided over the meeting on 16. 8. 99 and no confidence motion was duly passed against the petitioner (Annex. 5 ). This has been challenged in this petition which is filed under Article 226 of the Constitution of India.

(2.) TWO contentions have been raised by the learned counsel Mr. Singh for the petitioner (1) That while delegating his powers to Assistant Engineer, the Chief Executive Officer has not followed the provisions contained in Section 37 (4) of the Act. Hence, the passing of no confidence motion on 16. 8. 99 (Annex. 5) was bad.

(3.) IN view of the above discussion, this petition fails and is dismissed.