SINGH, CJ. - (1.) THIS appeal arises in the following circumstances:-
(2.) THE appellant was elected as Sarpanch of Gram Panchayat Singhrawat, Panchayat Samiti Dhod, District Sikar. Some of the members moved a motion expressing want of confidence in the appellant. On January 29, 2003 the third respondent, the Chief Executive Officer, Zila Parishad, Sikar, convened a meeting of the Gram Panchayat for consideration of the no-confidence motion on February 10, 2003. On February 3, 2003 the State Election Commission declared February 16, 2003 as the date for by- elections for the two vacant seats of the Gram Panchayat Singhrawat. THE appellant feeling aggrieved by the order of the third respondent dated January 29, 2003, filed a writ petition mainly on the ground that since the by-elections were to be held on February 13, 2003 the fixation of date for consideration of the no-confidence motion before February 16, 2003 was an arbitrary act on the part of the third respondent. THE learned single judge on consideration of the matter, dismissed the writ petition. THEreupon the appellant filed the instant appeal. Along with the appeal the appellant moved an application for interim relief. THE Division Bench on July 7, 2004 while admitting the appeal, permitted the appellant to continue to work as Sarpanch of the Gram Panchayat Singhrawat, Panchayat Samiti Dhod, District Sikar. THE matter has now come up before us for final disposal of the appeal. We have heard the learned counsel for the parties. S. 37 of the Rajasthan Panchayati Raj Act, 1994 (for short `the Act') lays down the procedure for institution and disposal of the motion of no-confidence in chairpersons. S. 37, to the extent relevant, is reproduced below:- " 37. Motion of No-confidence in chairpersons and deputy chairpersons.- (1) A motion expressing want of confidence in the chairperson or deputy chairperson of a Panchayati Raj Institution may be made in accordance with the procedure laid down in the following sub-sections. (2) A written notice of intention to make the motion in such form as may be prescribed, signed by not less than one-third of the directly elected members of the Panchayati Raj Institution concerned together with a copy of the proposed motion, shall be delivered in person by any one of the members signing the notice to the competent authority. (3) The competent authority shall thereupon- (i) forward a copy of the notice, together with a copy of the proposed motion to the Panchayat in the case of a Sarpanch or Up-Sarpanch, to the Panchayat Samiti, in the case of a Pradhan or Up-Pradhan and to the Zila Parishad in the case of a Pramukh or Up-Pramukh; (ii) convene a meeting for the consideration of the motion at the office of the concerned Panchayati Raj Institution on a date appointed by him which shall not be later than thirty days from the date on which the notice under Sub-sec. (1) was delivered to him; and (iii) give to the members a notice of not less than seven clear days of such meeting in such manner as may be prescribed. (4) to (10) xxxx xxxx (11) If the motion is carried with the support of not less than two-thirds of the elected members of the concerned Panchayati Raj Institution- (a) The presiding officer shall cause the fact to be published by affixing a notice thereof on the notice board of the office of the concerned Panchayati Raj Institution and by notifying the same in the Official Gazette, and (b) the concerned chairperson or the deputy chairperson shall cease to hold office as such and vacate the office on and from the date on which the said notice is affixed on the notice board of the office aforesaid. (12) and (13) xxxx xxxx (14) The quorum to constitute a meeting for the consideration of a no-confidence motion against the chairperson or deputy chairperson shall be one-third of the total number of persons entitled to vote thereat. " As is apparent from the aforesaid provision, a motion expressing want of confidence in the chairperson or deputy chairperson is to be made according to the procedure laid down in the sub-sections following sub-section (1) thereof. A written notice of intention to make the motion is to be given in the form prescribed and the same is required to be signed by not less than one-third of the directly elected members of the Panchayati Raj Institution. Along with the notice a copy of the proposed motion is required to be delivered in person by one of the members signing the motion to the Competent Authority. On receipt of the notice of motion the Competent Authority is required to forward a copy of the notice together with the copy of the proposed notice to the concerned Panchayati Raj Institution. He is also required to convene a meeting for the consideration of the motion at the office of the concerned Panchayati Raj Institution on a date fixed by him which shall not be later than thirty days from the date on which the notice was delivered to him. He is also required to give notice to the members of not less than seven clear days of such meeting in the prescribed manner. On the appointed day, if the motion is carried with the support of not less than two-third of the members of the Panchayati Raj Institution, only then the Presiding Officer of the meeting is required to cause the fact to be published by affixing a notice thereof on the notice board of the office of the concerned Panchayati Raj Institution. He is also required to notify the same in the Official Gazette. The concerned chairperson or the deputy chairperson, as the case may be, shall cease to hold office and vacate the same on and from the date the notice is affixed on the notice board of the office of the Panchayati Raj Institution. As is clear from the aforesaid provisions, it is mandatory for the Competent Authority to convene a meeting for consideration of the no-confidence motion within thirty days from the date on which a written notice of intention to make the motion is delivered to him. In other words the Competent Authority can convene the meeting before the expiry of thirty days from the date of delivery of written notice to him. The discretion of the Competent Authority to convene the meeting within thirty days is not further held in by the legislature. There is nothing in S. 37 of the Act which fetters the discretion of the Competent Authority to call the meeting on any day within thirty days. Therefore, the third respondent cannot be faulted for having called the meeting on February 10, 2003. Admittedly this date is within thirty days from the date the written notice of intention to make a motion was delivered to him.
(3.) THE learned counsel for the appellant submitted that since the by-elections were to be held on February 16, 2003, the third respondent ought to have convened the meeting for consideration of the motion after the result of the by-elections was announced. This argument has no legal foundation to stand on. According to S. 37 clause (11) of the Act, the motion is required to be carried out with the support of not less than two-third of the elected members of the Panchayati Raj Institution. THE sub-section does not say that in case any seat is vacant, the motion cannot be put to voting. According to sub-section (14) of S. 37 of the Act the quorum to constitute a meeting for the consideration of a no- confidence motion against the chairperson or deputy chairperson shall be one-third of the total number of persons entitled to vote thereat. Even this sub-section does not suggest that the house which can consider the no-confidence motion has to be a full house. In case the third respondent would have delayed the calling of the meeting for consideration of the no-confidence motion, the other side would have attributed motives to him just as the appellant is now attributed motives to him just as the appellant is now attributing motives to him on the ground that he could have waited for some more time so that the vacant seats could have been filled up. THE appellant has not placed any facts on record to show that the third respondent was harbouring any ill feelings towards him and the fixation of the date by him for consideration of the motion of no-confidence by the Panchayat was motivated by extraneous reasons. In the circumstances, we do not find any force in the appeal. Accordingly, the same is dismissed. CMS 3250/2004 Since the special appeal is dismissed, the stay application is dismissed as well. End of the Volume - RLW 2005 (1) Raj. . ;