AMAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) In brief, the facts leading to filing of the writ petition are the following :

(3.) The petitioner had informed the Vikas Adhikari Panchayat Samiti, Ramgarh, that the three Panchas, namely, Smt. Premawati W/o Sukha (ii) Gopi, Panch, Ward No. 3 and (iii) Swaroop Singh, Panch, Ward No. 9 had incurred disqualification on account of birth of their third issue. He had also informed that Shri Prabhu Dayal, Up-Sarpanch, was not attending the meetings of the Gram Panchayat for the last one year. Shri Ish Kumar, Pancha from Ward No. 11 had resigned and the letter of resignation was sent for acceptance to the Panchayat Samiti. Thus, the five Panchas having incurred disqualification were not entitled to either to propose to move vote of 'No Confidence' against the petitioner or to participate in the meeting in which vote of 'No Confidence' was to be moved. The respondent No. 2 could not convene a meeting on the proposal so made by the Panchas who had incurred disqualification or who had ceased to be members of Gram Panchayat. Hence, the petitioner filed the writ petition challenging the very notice dated, 23-12-1997 (Annexure 1), convening the meeting on 15-1-1998 for the purpose of consideration of motion of 'No Confidence' against him and sought for quashing the same. A further direction is sought to the respondents that without determining the question as to disqualification of five Panchas, named above, no meeting for consideration of 'No Confidence' should be convened.