DEVI SINGH Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2019-9-185
HIGH COURT OF RAJASTHAN
Decided on September 13,2019

DEVI SINGH Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

Dinesh Mehta, J. - (1.) The petitioner has preferred the present writ petition seeking direction to the respondents to conduct fresh election for the office of Chairman, Gramdani Committee, Village Sawala, Tehsil and District Jaisalmer, in accordance with Rajasthan Gramdan Act, 1971.
(2.) While disposing of S.B. Civil Writ Petition No. 4932/2015 in the matter of Alu Khan and Anr. v. The State of Raj. and Ors., this Court has passed the following order: "4. Indisputably, as per provisions of Section 15 of the Rajasthan Gramdan Act, 1971, the Executive Committee of Gramdani Village is elected by the members of the Gram Sabha from amongst themselves and the President of the Executive Committee is elected from amongst the members of the Executive Committee. As per provision of Rule 15 of Rajasthan Gramdan Rules, 1971, the tenure of members of the Executive Committee including the President is three years and therefore, after expiry of the tenure, the members and President of the Executive Committee of the Gramdani Village Javandh Juni have no right to continue in the office and the Executive Committee has to be constituted afresh by holding elections. 5. Accordingly, the writ petition is allowed. The members and President of the Executive Committee of Gramdani Village Javandh Juni, who are continuing the office even after expiry of the term, are restrained from discharging the functions as office bearers of the Executive Committee of Gramdani Village Javandh Juni. The respondents are directed to conduct the elections of the Executive Committee of the Gramdani Village Javandh Juni forthwith, in any case, within a period of one month from the date of receipt of certified copy of this order. Till the constitution of the Executive Committee of the Gramdani Village Javandh Juni, the State Government shall appoint any person or authority to discharge the duties and functions of the Executive Committee of the Gramdani Village Javandh Juni, under the Rajasthan Gramdani Act, 1971. No order as to costs."
(3.) The present writ petition is also disposed of in terms of the order dated 15.02.2016, passed by this Court in the matter of Alu Khan (supra).;


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