MEWA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Short but important question of law having public importance arises in this petition i.e. whether Rajasthan State Road Transport Corporation (for short "Corporation") can be a local authority and a full time worker working with the Corporation incurs any disqualification under the Rajasthan Panchayati Raj Act, 1994 (for short "Act") or not ?

(2.) Under the Act, "Local Authority" is not defined, therefore, we have to go to the Rajasthan General Clauses Act, 1955. Under Section 32(43) of the Rajasthan General Clauses Act, 1955. "Local Authority" is defined which is as under :-

(3.) Section 19 of the Rajasthan Panchayati Raj Act provides qualifications for election as a Panch or a member, Panch includes Sarpanch. Section 19(b) of the Act clearly provides that if a Panch or Sarpanch or a Member of a Panchayat holds a salaried whole time or part time appointment under a local authority, then he incurs disqualification. Section 39 of the Act refers to cessation of membership subject to the provisions of Section 40 of the Act and one of the requirements is that a person is or becomes subject to any of the disqualifications specified in Section 19 of the Act. Under Section 39(2) of the Act, whenever it is made to appear to the competent authority that a member has become ineligible to continue to be a member for any of the reasons specified in sub-section (1), the competent authority may after giving him an opportunity of being heard, declare him to have become so ineligible and thereupon he shall have to vacate his office as member. However, it is provided that no such opportunity shall be given if such member has under Section 40, been determined by the Judge to be or to have become disqualified under Section 19.