VIJAY BISHNOI,J. - (1.) This writ petition is filed by the petitioner being aggrieved with the letter dated 21.12.2017 issued by the Chief Executive Officer, Zila Parishad, Udaipur under Article 21 of the Rajasthan Panchayati Raj Rules, 1996 (for short 'the Rules of 1996' hereinafter), whereby the meeting of the Gram Panchayat Chhali, Panchayat Samiti, Gogunda has been convened on 15.01.2018 at 11:30 A.M. for the purpose of consideration of no- confidence motion against the petitioner, who is the Sarpanch of Gram Panchayat, Chhali. Learned counsel for the petitioner has submitted that the action of the Up-sarpanch - respondent No.4 of convening the meeting of the Gram Panchayat for the purpose of passing resolution of no-confidence against the petitioner is illegal. It is also argued that the signatures of the Ward Panchas on the resolution do not match with the signatures of the Ward Panchas on the Form-I, whereby the notice of moving no- confidence motion against the petitioner is filed before the Chief Executive Officer. It is further argued that a complaint against the respondent No.4 regarding his disqualification is pending investigation and, therefore also, the no-confidence motion moved on behalf of the respondent No.4 and other Ward Panchas is liable to be set aside. Having heard learned counsel for the petitioner, this Court is of the opinion that the challenge of the petitioner to the impugned notices is without any merit as per clause(3). out of 8 Members of the Gram Panchayat, Chhali including the petitioner, 7 Members have passed a resolution expressing no-confidence in the petitioner. The meeting of Ward Panchas of the Gram Panchayat was convened in the leadership of the respondent No.4 and they have passed a resolution expressing no-confidence in the petitioner. If the meeting of no-confidence motion was convened under the leadership of respondent No.4, it cannot be said that the same is illegal.
(2.) The contention of the petitioner to the effect that the signatures of the Ward Panchas do not match in the resolution of no-confidence motion and the Form-I, in which the no-confidence motion was submitted before the Chief Executive Officer is also bereft of any merit as the petitioner neither raised any such objection before the Chief Executive Officer nor produced any proof that they have not put their signatures on the said documents.
(3.) The other contention of the petitioner that since an inquiry is pending against the respondent No.4, therefore, no- confidence motion cannot be moved against the petitioner, is also without any merit. It is not in dispute that the respondent No.4 is still the Member of the Gram Panchayat and has not been disqualified till date. Hence, it cannot be said that he cannot move any motion expressing no-confidence against the petitioner along with other Panchas.;