KAMLESH KUMARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BRIEF facts of the case are that Gram Panchayat Neemrana consists of twelve Members. On 1. 3. 1997 six members of Gram Panchayat submitted a written notice of intention to move no confidence motion against Smt. Kamlesh Kumari, Sarpanch of Gram Panchayat, together with the copy of proposed motion of no confidence before the Chief Executive Officer & Secretary, Zila Parishad, Alwar, respondent No. 2, duly signed by them. The Chief Executive Officer & Secretary, Zila Parishad, Alwar, fixed the date 27. 3. 1997 for consideration of motion of no confidence at 1. 00 p. m. at Gram Panchayat Bhawan, Neemrana and also appointed Mr. Onkar Singh Yadav, Senior Deputy Education Officer, Alwar to preside over the said meeting of no confidence. Later on the Presiding Officer was changed and one Mr. Rajash Kumar Gupta, Accounts Officer, Zila Parishad, Alwar was appointed to preside over the meeting of no confidence. Ten members attended the meeting of no confidence and out of them nine members voted in favour of the no confidence. The Presiding Officer declared motion of no confidence passed.

(2.) THE resolution passed of no confidence was challenged in a writ petition alongwith the order of removal from the Office of Sarpanch. THE learned Single Judge vide its order dated 1. 5. 1998 dismissed the writ petition against which the present appeal is filed.

(3.) FROM the above statement of law it appears that the learned Single Judge has held that the presentation of notice in writing signed by atleast one-third of the directly elected members to the competent authority would be directory provision and non-compliance of it would not entails nullification of the further proceedings of no confidence and; substantial compliance of the same would be sufficient.