Sangeet Lodha, J. - (1.) THESE two writ petitions relating to the motion expressing want of confidence in the petitioner as Sarpanch of Gram Panchayat, Badi, Tehsil -Girwa, District -Udaipur, were heard together and are being disposed of by this common order.
(2.) THE relevant facts are that the petitioner was elected as Sarpanch of Gram Panchayat, Badi in the month of February, 2010. Before entering upon her duties as Sarpanch, the petitioner took oath on 17.2.10. The directly elected members of the Gram Panchayat delivered a written notice of intention to make the motion expressing want of confidence in the petitioner as Sarpanch of Gram Panchayat with the copy of proposed motion to the competent authority in the prescribed form on 27.1.12. The competent authority forwarded copy of the notice together with the copy of the proposed motion to the Sarpanch, Up Sarpanch and Members of Gram Panchayat and convened the meeting for consideration of motion vide notice dated 31.1.12. The meeting was scheduled to be held on 17.2.12. As per the provisions of sub -section (13) of Section 37 of Rajasthan Panchayati Raj Act, 1994 (for short "the Act"), no notice of motion is permissible to be made within two years of assumption of the office by a Chairperson or Deputy Chairperson of the Panchayati Raj Institution. The petitioner had assumed the charge of the office on 17.2.10 and thus, the notice of motion delivered prior to expiry of the period of two years, being in contravention of the provisions of sub -section (13) of Section 37, the legality thereof is questioned by the petitioner by way of Writ Petition No. 1352/12.
(3.) ON 15.2.12, while admitting the writ petition preferred as aforesaid, this court passed an interim order in favour of the petitioner in the following terms: "In the meanwhile and until further orders, the respondents are directed not to give effect to the motion of no confidence initiated under the notice Annex.4 dated 31.1.2012.";