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2006 Supreme(Raj) 1442

High Court Of Rajasthan
Judgename : DINESH MAHESHWARI
MAHENDRA SINGH BRAR - Appellant
Versus
STATE OF RAJASTHAN - Respondent
S. B. CIVIL WRIT PETITION 1713 Of 2006
Decided On : 05/12/2006

Advocates Appeared:
B.S.Sandhu

Headnote:

The Rajasthan Panchayati Raj Act, 1994 - Zila Parishad - The court rejected a writ petition challenging a resolution passed by the Zila Parishad for construction of a rest house. The petitioner's objections were found to lack legal basis as the State Government, as the chief superintending and controlling authority, had the power to cancel any resolution passed by the Panchayati Raj Institution if it was not legally passed or in excess of conferred powers. The court concluded that the petitioner's right to object did not confer the legal right to invoke writ jurisdiction against the resolution passed by the quorum.

Fact of the Case:

The petitioner raised objections to a resolution passed by the Zila Parishad for construction of a rest house and sought directions for the State Government to expedite a decision on his representations.

Finding of the Court:

The court found that the petitioner's objections lacked legal basis and rejected the writ petition, stating that the State Government had the power to cancel any resolution passed by the Panchayati Raj Institution if it was not legally passed or in excess of conferred powers.

Issues: The issues involved the legality of the resolution passed by the Zila Parishad for construction of a rest house and the petitioner's right to object and seek writ jurisdiction against the resolution.

Ratio Decidendi: The court held that the State Government, as the chief superintending and controlling authority, had the power to cancel any resolution passed by the Panchayati Raj Institution if it was not legally passed or in excess of conferred powers.

Final Decision: The writ petition was rejected as the court found that the petitioner's objections lacked legal basis and the State Government had the power to cancel any resolution passed by the Panchayati Raj Institution.

Judgment

( 1 ) THIS writ petition has been submitted by a member of Zila Parishad, Sriganganagar raising various objections and contentions particularly in relation to the resolution dated 15. 10. 2005 passed by the Zila Parishad for construction of a rest house. The said resolution at item No. 4 of the minutes of the meeting held on 15. 10. 2005 has been submitted with this writ petition as Annexure-1 and reads in its entirety thus.

( 2 ) THE petitioner submits that the resolution suffers from various illegalities and shortcomings and that he has already represented against it to the State Government (vide representations annexed with this writ petition as Annexure-4, 5, 6 and 7 ). The grievance of the petitioner is that Zila parishad is proceeding illegally in relation to the construction of the said rest house and the State Government has failed to take appropriate steps despite representations.

( 3 ) AFTER attempting to argue the matter for quite some time, learned counsel Mr. B. S. Sandhu appearing for the petitioner submitted that the petitioner would limit his submissions in this writ petition to the extent that the State government must take decision on his representations; and to that extent directions may be issued to the Government to expedite the matter and to take decision on his representations within short time.

( 4 ) HAVING heard learned counsel for the petitioner and having perused the material placed on record, this Court is satisfied that no case for issuance of any writ, order or direction at the instance of the petitioner is made out.

( 5 ) A perusal of the record and particularly the minutes of the meeting dated 15. 10. 2005 prima facie makes out that in relation to the particular construction work of rest house, the petitioner seems to be the lone voice of dissent and else the quorum has taken the decision to proceed with execution of the work.

( 6 ) SO far the petitioners right of expression is concerned, the same remain unexceptionable and his right to raise objection also cannot be denied. However, the petitioner for that matter cannot insist that his right to raise objection or to disagree or to question a particular resolution being passed by the Institution invests him with any further legal right so as to invoke writ jurisdiction of this Court for issuance of any writ, order or direction in relation to the functions of the Panchayati raj Institution; and against a resolution passed by the quorum.

( 7 ) BY virtue of Section 92 of the Rajasthan panchayati Raj Act, 1994, the State Government is the chief superintending and controlling authority in respect of all the matters relating to the administration of the Panchayati Raj institutions and it may, by an order in writing, cancel any resolution or order passed by a Panchayati Raj Institution or any standing committee thereof, if in its opinion such resolution is not legally passed or is in excess or abuse of the powers conferred by or under this Act or under any law for the time being in force, or if its execution is likely to cause danger to human life, health or safety of person or property or is likely to cause a breach of the peace. However, before taking such action of cancelling any resolution of the Panchayati Raj institution, the Government is required to afford reasonable opportunity to the concerned Institution. The power of the government as superintending and controlling authority under section 92 are, therefore, undoubted; and the petitioner has already approached the Government. It appears from the document Annexure-8 placed on record by the petitioner himself that the Chief Accounts Officer has already asked the chief Executive Officer of Zila Parishad to inquire into the allegations of the petitioner about irregularities in passing the resolution and has sought comments after inquiry. It cannot, therefore, be said that the concerned authorities have simply ignored the representations made by the petitioner.

( 8 ) THE authorities

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