Writ petition challenging a notice convening a no confidence motion against a Sarpanch. The court held that despite an allegation regarding one signature, 17 signatures out of 22 elected members satisfy the 1/3rd requirement under Section 37(2) of the Act. Petition dismissed.
Writ petition and stay petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 8677 / 2017
Hemlata W/o Shri Dinesh Pal, Aged About 32 Years, R/o Muniji Ka Badala, Tehsil Riyambadi Riyan, District Nagaur, Rajasthan.
----Petitioner
Versus
----Respondents
_____________________________________________________ For Petitioner(s) : Mr. Kuldeep Mathur
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
27/07/2017
This writ petition has been filed by the petitioner being aggrieved with the notice issued by the Chief Executive Officer, Zila Parishad, Nagaur, whereby it has fixed the meeting for consideration of no confidence motion against the petitioner, who is Sarpanch of Gram Panchayat Riyanbadi on 31.07.2017.
The sole ground raised by the petitioner in this writ petition, while challenging the impugned notice, is to the effect that no confidence motion against the petitioner was moved by 17 ward members of Gram Panchayat Riyanbadi, however, out of those 17 ward members, one has written a letter to the Chief Executive Officer, Zila Parishad, Ngaur that the said no confidence motion (Annex-2) does not contain his signature and his signature is forged one.
Learned counsel for the petitioner has submitted that there
(2 of 2)
[CW-8677/2017]
are 22 elected members, including the petitioner, of Gram Panchayat Riyanbadi.
As per sub-section (2) of Section 37 of Rajasthan Panchayati Raj Act, 1994 a written notice of intimation to move no confidence motion against a Chairperson of the Panchayati Raj Institution is required to be signed by 1/3rd of the directly elected members of the Panchayati Raj Institution.
A bare perusal of no confidence motion (Annex.2) reveals that it is signed by as many as 17 members out of the 22 directly elected members of the Gram Panchayat Riyanbadi.
As observed earlier that as per sub-section (2) of Section 37 of the Act of 1994, notice of intimation to move no confidence motion against Chairperson of Panchayati Raj Institution is required to be signed by 1/3rd of the directly elected members of the said Panchayati Raj Institution. However, in the present case, no confidence motion is signed by 17 members out of the 22 members and even if it is assumed that one of the member has not signed the no confidence motion, the remaining members constitute more than 1/3rd strength, hence, the ground on which the petitioner has challenged the action of the Chief Executive Officer, Zila Parishad, Nagaur of convening the meeting for no confidence motion against the petitioner, is bereft of any merit.
Hence, this writ petition is dismissed.
Stay petition also stands dismissed.
(VIJAY BISHNOI)J.
Taruna
2 issues framed by the court
Whether a no confidence motion requiring signatures of 1/3rd of elected members is validly initiated by 17 out of 22 members given one allegation of forgery?
Whether the requirement of 1/3rd signatures under Section 37(2) of the Rajasthan Panchayati Raj Act, 1994 is satisfied by 17 signatures out of 22?
1 provisions across 1 enactments
Hemlata W/o Shri Dinesh Pal
The State of Rajasthan Through the Secretary, Department of Panchayati Raj Jaipur
The Chief Executive Officer, Zila Parishad Nagaur
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
