Mangla Ram Devasi vs State Of Rajasthan
2022 Latest Caselaw 14213 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 18117/2022

Mangla Ram Devasi S/o Shri Sona Ram, Aged About 35 Years, R/o 17A, Adarsh Nagar, Pali

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur

2. Chief Election Officer And The Secretary, State Election Commission, Rajasthan, Jaipur

3. District Collector, Pali

4. Vikas Adhikari, Panchayat Samiti Marwar Junction, District Pali

----Respondents

For Petitioner(s) : Mr. Muktesh Maheshwari, Mr. Aidan Choudhary

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

02/12/2022

Learned counsel for the petitioner has submitted that

the petitioner is working as a Pradhan of Panchayat Samiti

Marwar Junction. It is submitted that as per the provisions of

Section 10 and 101 of the Rajasthan Panchayati Raj Act, 1994

(for short 'the Act of 1994'), the State can constitute a new

Panchayat Samiti by amalgamating two Panchayat Samitis or

by adding some of the portion of the Panchayat Samitis and

for that purpose, the procedure is provided under Section 101

(2 of 2) [CW-18117/2022]

of the Act of 1994. It is argued that the respondent -

Panchayati Raj Department has delegated the power of the

State Government upon the Collector for constitution of new

Panchayat Samiti, however, the District Collector, Pali, without

following the due procedure, has recommended for

constitution of a new Panchayat Samiti Bagdi in District Pali

by carving out some of the areas of the Panchayat Samiti

Marwar Junction and Panchayat Samiti Sojat. It is submitted

that before doing such exercise, the procedure laid down

under Section 101 of the Act of 1994 has not been followed

by the District Collector and the State Government while

illegally relying on the recommendations of the District

Collector has issued Notification dated 13.9.2022 constituting

a new Panchayat Samiti Bagdi in District Pali and has also

appointed the Vikas Adhikari, Panchayat Samiti Marwar

Junction as Administrator vide order/notification dated

1.11.2022.

Issue notice. Issue notice of stay petition as well.

Notices are made returnable on 16.1.2023.

In the meantime, effect and operation of the

orders/notifications dated 1.11.2022 (Annex.6) and

3.11.2022 (Annex.7) shall remain stayed.

(VIJAY BISHNOI),J

117-msrathore/-

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