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:- " (43) `local Authority' shall mean a municipal board, committee, corporation or council, a district board, a Zila parishad, a panchayat Samiti, a panchayat or other authority legally entitled to, or entrusted by the Government with the control or management of a municipal or local fund. "

(3.) THUS, from the above letter dated 25. 5. 1988 (Annex. 4) addressed by the Chief Electoral Officer to all the Collectors of the State, It is clear that the employees of the Rajasthan State Road Transport Corporation were also not debarred from contesting Panchayat elections subject to the Rules or the governing service con- ditions of the corporation restricting participation in politics.