Smt. Ritu Devi vs State Of Rajasthan
2023 Latest Caselaw 422 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 464/2023

Smt. Ritu Devi W/o Shri Mahaveer, Aged About 36 Years, Resident Of 10 Kld, Kundal, District Bikaner, Rajasthan.

----Petitioner Versus

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

2. The Chief Executive Officer, Zila Parishad Bikaner, District Bikaner, Rajasthan.

3. Gram Panchayat Kundal, Through Its Secretary, District Bikaner, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Manish Patel.

For Respondent(s)         :



           HON'BLE MR. JUSTICE ARUN BHANSALI

                                     Order

10/01/2023

It is submitted by learned counsel for the petitioner that

provisions of Rule 21 of the Rajasthan Panchayati Raj Rules, 1996,

inter alia provides that 'Notice of Motion of No-Confidence' shall be

sent by the Chief Executive Officer / Development Officer by post

under certificate of posting not less than 15 clear days before the

date of meeting and the time appointed and the term 'clear 15

days' has also been defined wherein the date of meeting and the

date of receipt of notice has to be excluded.

The notice (Annex.1) has been issued by the Chief Executive

Officer on 2.1.2023 and the meeting is scheduled to be held on

11.1.2023, which is clearly prior to the 15 clear days notice and as

(2 of 2) [CW-464/2023]

such, the entire action of holding the meeting is ex facie contrary

to the provisions of Rule 21.

Further submissions have been made that as the issue of

disqualification of two members is still pending with the Chief

Executive Officer, they cannot participate in the meeting and/or

the meeting at their instance cannot be called in view of judgment

in Laxman Meena v. State of Rajasthan & Ors.: SBCWP

No.5647/1997, decided on 27.2.1998 at Jaipur Bench.

In view of the submissions made, issue notice. Issue notice

of the stay application also, returnable on 30.1.2023.

In the meanwhile and till further orders, though the

respondents may proceed with the holding of the meeting on

11.1.2023 in terms of the notice dated 2.1.2023, the result of

meeting shall not be declared and the same shall not be given

effect to till the next date.

(ARUN BHANSALI),J 123-Sumit/-

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