BANVIR Vs. STATE OF RAJASTHAN & ANOTHER

JUDGEMENT

(1.) Petitioner was elected as Sarpanch of village Panchayat Jeeni, Panchayat Samiti Surajgarh, District Jhunjhunu in the elections held in the year 1995. Certain members of the panchayat samiti have expressed their intention in writing to bring the no confidence motion against the petitioner 5 and the competent authority issued notice on 10.3.1998 for calling the meeting of no confidence on 25.3.1998. Later on, it appears that the no confidence motion was passed. The petitioner has challenged the no confidence proceedings by challenging the constitutional validity of Sec. 37 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act of 1994) and also the Rule 21 of the Rajasthan Panchayati Raj Rules, 1996 (hereinafter referred to as 'the Rules of 1996').

(2.) The submission of the counsel for the petitioner is that Part IX of the Constitution of. India provided the basic frame-work of the panchayats and well defined limited area in respect of which State legislature has legislative competence. In Part IX of the Constitution of India, Art. 243F of the Constitution provides for only disqualification for membership of member of a panchayat. There is no provisions made for removal of the member and thus the provision under Sec. 37 of the Act of 1996 and Rule 21 of the Rules of 1996 for removal of the Chairperson is beyond the constitutional permissible limit.

(3.) Art. 243C(5) of the Constitution of India provides for election of the Chairperson of a panchayat at the village level in a manner provided by Legislature of a State whereas Art. 243F lays down the disqualification for a person to be chosen as a member of the Panchayati Raj Institution, which are-if the person is o disqualified by or under any law for the time in force for the purposes of elections to the legislature of the State concerned, under the proviso he shall not be held to be so disqualified though he is less than 25 years of age, if he attains the age of 21 years and; if a person is disqualified by or under any law made by the legislature of the State. Art. 243 F provides for a disqualification to be chosen of a member of the Panchayati Raj Institution whereas Art. 243C (5) provides for election of a Chairperson of a Panchayat at village level. Neither provision has restricted the State Legislature to make law in regard to removal of the elected Chairperson of the Panchayati Raj Institution. Powers to make law in regard thereto is to be found in schedule VII List 11 Entry (5) which provides as under :