Dhobali vs State Of Rajasthan
2022 Latest Caselaw 14383 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18443/2022

Dhobali W/o Shri Tejaram, Aged About 53 Years, House No. 599 Chowkidaro Ka Bass, Atpada, Tehsil Sojat, District Pali (Raj.).

----Petitioner Versus

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

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

3. District Collector, Pali (Raj.).

4. Chief Executive Officer, Zila Parishad, Pali (Raj.).

5. Vikash Adhikari, Panchayat Samiti Sojat, District Pali (Raj.).

                                                                ----Respondents


For Petitioner(s)        :     Mr. Prakash Choudhary
For Respondent(s)        :



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

07/12/2022

Learned counsel for the petitioner has submitted that the

petitioner is working as a Pradhan of Panchayat Samiti Sojat. 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 of the Act of 1994. It is argued that the

respondent - Panchayati Raj Department has delegated the power

(2 of 2) [CW-18443/2022]

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 Sojat 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.7) and 3.11.2022

(Annex.8) shall remain stayed.

Connect with SBCWP No.18117/2022.

(VIJAY BISHNOI),J Surabhii/137-

Powered by TCPDF (www.tcpdf.org)