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High Court Of Rajasthan
Judgename : G.M.Lodha
SURATRAM - Appellant
Versus
DISTRICT DEVELOPMENT OFFICER, AJMER - Respondent
Civil Writ Petn. 46 Of 1979
Decided On : 02/20/1979
PANCHAYAT RAJ - No Confidence Motion - Interpretation of Section 19 of the Rajasthan Panchayat Act, 1953 and Rule 15 of the Rajasthan Panchayat Rules, 1953 - Lapse of motion - Held, motion cannot lapse in case, by unavoidable circumstances meeting is not held.
Fact of the Case:
Petitioner, Sarpanch of Gram Panchayat, Khawas, filed a writ petition challenging the order summoning a special meeting of the gram panchayat for considering a no-confidence motion against him. The petitioner contended that the meeting was not presided over by the Tehsildar, as required by law, and that the proceedings drawn by the Sarpanch were prepared under duress. The respondents, including the State Government, alleged that the Tehsildar did not preside over the meeting due to his collusion with the Sarpanch, who was in hopeless minority and wanted to postpone the evil day.
Finding of the Court:
The court found that the ten panchas who voted against the Sarpanch in the meeting held on 15th January, 1979, were present at the office of the village panchayat concerned on the first meeting at 11 A.M. on 30-12-78, with the determined object of ousting the Sarpanch. The court also found that the Sarpanch himself signed the proceedings of 30th December, 1978 as Sarpanch (President) only depicts the anxiety which he had to get the proceedings drawn and not to leave it to any other panchas who were said to be present according to him. The court further found that the Tehsildar acted in an abnormal and unexpected manner, and that the State Government was already making an enquiry into his conduct.
Issues: 1. Whether the no-confidence motion lapsed due to the absence of the Presiding Officer at the meeting held on 30th December, 1978? 2. Whether the Sarpanch can be allowed to thrust himself in the seat of Sarpanch by questionable methods?
Ratio Decidendi: 1. The court held that the no-confidence motion cannot lapse in the circumstances which were created in this case, on 30-12-1978 as no meeting commenced at all. The court observed that the Presiding Officer cannot be allowed to give power of veto by defeating no-confidence motion by remaining absent or by remaining present but refusing to conduct, convene or commence the meeting. That would be negation of law and the democracy. 2. The court held that the Sarpanch cannot be allowed to thrust himself in the seat of Sarpanch by questionable methods. The court observed that it would be for the State Government to ascertain the actual guilt of Tehsildar Kekari by a regular inquiry under the provisions of the law, after giving full opportunity to the delinquent officer and then if found guilty, to take appropriate action so that such recurrences are not made and the State functionaries should not go with the impression that they can go scot free even after adopting such questionable methods.
Final Decision: The writ petition was dismissed with costs. The court directed the respondents to take steps to proceed according to law to give charge of the office of Sarpanch to Up-Sarpanch till fresh elections to the office of the sarpanch are held according to law.
G. M. LODHA, J.
( 1 ) THIS writ petition provides a typical example of attempt of an undemocratic sarpanch to flout majority verdict on the heels of legal technicalities.
( 2 ) BEFORE I proceed to give the facts of this case, it would be useful to mention in brief the historical concept of Panchayat institution.
( 3 ) THE age old concept of "panch Parmeshawara" Panch is God, which was prevalent in ancient India, disappeared completely during British rule in India. The institution of Panchayat Raj or Village Panchayat has been an institution existing from times Immemorial in this country but during British rule this institution collapsed.
( 4 ) THE Indian Independence of 1947 and its Constitution again revised the panchayat concept by placing it in the directive principles of State policy. The framers of the Indian Constitution, enacted Article 40 as follows:-" the State shall take steps to organise village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self Government. "
( 5 ) THE Community Development Programme was initiated in the country in 1952. In 1957, a committee on plan projects was appointed by the National development Council which in turn further appointed a study Team under the chairmanship of late Shri Balwant Rai Mehta which recommended a three tier pattern of panchayati Raj institutions in the country based on the philosophy of democratic Decentralisation. This recommendation was accepted by the national Development Council in 1959 which inter alia decided that
"while the broad pattern and the fundamentals may be uniform, there should not be any rigidity in the pattern. In fact, the country is so large and panchayati Raj is so complex a subject with far reaching consequences, that there is the fullest scope ,of trying out various patterns and alternatives. What is most important is the genuine transfer of power to the people. If this is ensured, form and pattern may necessarily vary according to conditions prevailing in different states. "
"in pursuance of this decision taken by the National Development council in 1959, Rajasthan had the distinction of being the first in the whole country (along with Andhra Pradesh) to have launched upon panchayati Raj on 2-10-59, which was inaugurated by the late Prime minister Shri Jawahar Lal Nehru at Nagaur. At the time the scheme of democratic Decentralisation was initiated in Rajasthan, there was great enthusiasm for it both among officials and non-officials : various other States in fact were encouraged by the lead given by Rajasthan and enacted necessary laws for the purpose. To ensure sustained growth of panchayati Raj Institutions in the State on right lines, various studies were undertaken from time to time in regard to growth of panchayati Raj Institutions in different spheres of their activities, A panchayati Raj Study team under the Chairmanship of shri Sadiq Ali, the then member of Parliament was appointed in 1962 which gave its comprehensive report to the Government in 1964. The naik Committee (1963) and the Bhandari Committee (1969) also made valuable recommendations regarding primary Education and the role of Panchayati Raj Institutions in this respect. Various studies have also been carried out by the Evaluation Organisation from time to time in specified spheres of the activities of panchayati Raj. "
( 6 ) THE High power Committee of Ra-jasthan set up in 1971 and known as Vyas committee also discussed the topic of "no Confidence Motion" against Sarpanch at page 28 para. 3. 27 in its report of 1973, which reads as under;-" no Confidence Motion:-- In case of Sarpanch, the no-confidence motion can be passed by 3/4 of the total number of the specified panchas and in case of Up-Sarpanch it could be passed by a simple majority of total number of such panehas. In case of the first no-confidence motion against Pradhan, 2/3 majority of the total number of members of Panchayat Samiti is need
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