JAGAT NAYARAN, J. - (1.) THIS is a petition under Art. 226 of the Constitution by one Ram Karan for a direction to the Deputy District Development Officer, Nagore, to convene a meeting for the consideration of a no confidence motion presented before him on 17. 6. 66. The petition has been contested on behalf of Bansi Lal.
(2.) BANSI Lal was elected Sarpanch of Modi Kalan Panchayat on 9. 1. 65. A no-confidence motion against him was handed over to the Deputy District Development Officer Nagore by one Ramlal, Panch, on 22nd April 1966. He convened a meeting for the discussion of the no-confidence motion for 6. 5. 66. BANSI Lal filed a writ petition (No. 338 of 1966) in this Court on which the meeting which was to be held on 6. 5. 66 was stayed on the ground that the Deputy District Development Officer was not authorised to convene the meeting. On 11. 5. 66 one Puran Giri Panch, handed over another no-confidence motion against Bansi Lal to the Collector. The Collector directed him to present the motion to the Deputy District Development Officer, stating that he himself had no power to convene the meeting. Puran Giri then presented the same motion to the Deputy District Development Officer who however refused to convene a meeting on account of the stay order passed by this Court in S. B. Civil Writ Petition No. 338 of 1966. Puran Giri then filed S. B. Civil writ Petition No. 373 of 1966 for a direction to the Collector to convene a meeting for the disposal of the no-confidence motion. On 6. 6. 66 the following notification was published in the Rajasthan Gazette - "panchayat & Development Department NOTIFICATIOn Jaipur, May 13, 1966 No. F 4/lj/3 (1) 66/6762.- In exercise of the powers conferred by sec. 89 read with sec. 19 of the Rajasthan Panchayat Act, 1953 (Rajasthan Act No. 21 of 1953), the State Government hereby makes the following amendment to the Rajasthan Panchayat and Nyaya Panchayat (General) Rules, 1961, namely - AMENDMENT For the expression "collector" wherever occurring in rules 14 and 15 the expression "officer-in-Charge" shall be substituted. By Order of the Governor Ram Singh, Dy. Secretary to the Government. " The above notification was amended by another notification published in the Rajasthan Gazette dated June 13, 1966, which runs as follows - "panchayat & Development Department CORRIGENDUM Jaipur June 13, 1966. No. F4/lj/3 (1) 66/7987 - In partial modification of this Department Notification No. F 4/ LJ/3 (1) 66/6762 dated the 13th May, 1966 published in an extraordinary Rajasthan Gazette, Part IV (C) dated the 6th June, 1966 in the amendment the words " Officer-in-Charge" shall be read as "officer-in-Charge of Panchayats. " By order of the Governor, Ram Singh, Deputy Secretary to the Government. " On 17. 6. 66 Ram Karan petitioner handed over another motion of no-confidence against Bansi Lal to the Deputy District Development Officer who refused to consider a motion on account of the stay order issued by this Court in S. B. Civil Writ Petition No. 238/1966. The present writ petition has been filed for a direction to the Deputy District Development Officer to convene a meeting for the disposal of the no-confidence motion. It is contended on behalf of the petitioner that the necessary power to do so has now been conferred on the Deputy District Development Officer in view of the above two notifications. Sec. 19 of the Rajasthan Panchayat Act runs as follows - "motion of no-confidence - (1) A motion of no-confidence may be moved by any Panch after giving such notice as may by prescribed against the Sarpanch or Up-sarpanch. (2) If the motion against the Sarpanch is carried by a majority of not less than 3/4th of the total number of Panchas or if the motion against Up-Sarpanch is carried by a majority of the total number of Panchas, the Sarpanch or Up-Sarpanch, as the case may be, shall within 3 days of the passing of the motion resign his office by submitting his resignation to the Officer in-Charge of Panchayats and thereupon his office shall be deemed to be vacant. (3) If the Sarpanch, or the Up-Sarpanch as the case may be against whom the motion of no-confidence has been carried, does not resign his office within the period prescribed in sub-sec. (2) he shall be removed from his office by the 'officer-in-Charge of Panchayats. ' (4) Notwithstanding anything contained in this Act or Rules made thereunder, a Sarpanch or Up-Sarpanch shall not preside at a meeting in which a motion of no-confidence is discussed against him but he shall have a right to speak and otherwise to take part in the proce-dings of the Panchayat. " The powers exercisable by the Officer-in-Charge of Panchayats under sec. 19 were delegated to the Deputy District Development Officer of the district concerned under the following two notifications - 1. Notification No. F. 4 (138) LSG/a/58/ 69583 dated 16. 11. 60, published in the Rajasthan Gazette, Part IV-C, Extraordinary, dated 16. 11. 60. 2. Notification No. F. 4/lj/2 (12)62/2357 dated 16. 10. 62 published in Rajasthan Gazette Part IV-C, Extra-ordinary, dated 16. 10. 62. " The procedure for moving a motion of no-confidence and for its disposal has been prescribed under RR. 14 and 15 of the Rajasthan Panchayat and Nyaya Panchayat (General) Rules 1961, which runs as follows - R. 14. Motion of non-confidence.- (1) Any Panch of a Panchayat) desiring to move a mat ion of non-confidence against its Sarpanch or Up-Sarpanch, shall deliver or cause to be delivered a notice of such motion in writing to the Collector. (2) The notice shall set out the proposed motion in extenso and shall be signed by the Panch proposing to move it and such signatures shall be attested by an official of the State Government or of a Panchayat Samiti. " R. 15. Meeting for consideration of motion.- (1) Upon delivery of the notice of a motion of non-confidence, the Collector shall, if he finds the notice to be in order, call a special meeting of the Panchayat for the consideration of the motion at the office of the Panchayat on a date and at the time appointed by him. (2) The Collector shall send, by registered post or by other means, not less than seven clear days before the appointed date of meeting, a notice of such meeting and of the date and time appointed therefor to every member of the Panchayat including the Up-Sarpanch and also to the Sarpanch thereof. (3) The Collector or any other officer authorised by him in this behalf shall preside, at such meeting. (4) If the requisite quorum is present at the time fixed for the meeting or within half an hour of such time, the presiding officer shall read the motion, for the consideration of which the meeting has been convened and declare it to be open for discussion. (5) The meeting shall not be adjourned and shall automatically terminate on the expiry of two hours from the time of its commencement unless it is concluded earlier. (6) Upon the conclusion of the debate or upon the expiry of the said period to two hours, as the case may be, the motion shall be put to the vote of the Panchas present and the presiding officer shall not speak on its merits. (7) If the requisite quorum is not present for half an hour from the time appointed for the commencement of the meeting, it shall be adjourned and the notice of the motion of non-confidence shall lapse. (8) No notice of any subsequent motion, expressing want of confidence in the same Sarpanch or Up-Sarpanch, shall be made until after the expiration of six months from the date of such meeting. " The argument of the petitioner is that the power of the Collector under RR. 14 and 15 has been delegated to the Officer-in-charge Panchayats as a result of the notifications published on 6. 6. 66 and 13. 6. 66 and the power of the Officer-in-charge Panchayats was delegated to the Deputy District Development Officer under the notifications of 1960 and 1962 and so the latter officer can exercise the powers of the Collector under RR. 14 and 15. This argument is untenable. The only powers exercisable by the Officer-in-Charge of the Panchayats under sec. 19 are specified in sub-secs. (2) and (3) of that section. Under sub-sec. (2) he has the power of receiving the resignation of the Sarpanch and the Up-sarpanch against whom a motion for no-confidence has been passed and under sub-sec. (3) he can remove such a Sarpanch or Up-sarpanch from office if he fails to submit his resignation. This power alone was delegated to the Deputy District Development Officer under the notifications of 1960 and 1962. Under the notifications of June 1966 the power of the Collector under RR. 14 and 15 of receiving the no-confidence motion and of convening a meeting to dispose of it has been taken away and has been given to the Officer-in-charge of Panchayats. Under a notification published on 16. 1. 61 the State Government has appointed the Joint Development Commissioner as Officer-in-Charge of Panchayats. The result is that according to the law now in force a motion of no-confidence has to be delivered to the Joint Development Commissioner who alone can convene a meeting for disposal of it. The Deputy District Development Officer has no power either to receive a motion of no-confidence or to convene a meeting for its disposal. I accordingly dismiss the writ petition. In the circumstances of the case, I leave the parties to bear their own costs of this writ petition. . ;