2013 Supreme(Raj) 1787

RAJASTHAN HIGH COURT
Vineet Kothari, J.
Soram Devi - Appellant
Versus
State of Rajasthan & Ors. - Respondent
S.B. Civil Writ Petition No. 9777 of 2013.
Decided On : 16-09-2013

Availability of alternative remedy under the Rajasthan Panchayati Raj Act, 1994 renders a writ petition not maintainable.

Headnote:

No-Confidence Motion - Sarpanch of Gram Panchayat - The court dismissed the writ petition assailing the Motion of No-Confidence against the elected Sarpanch, stating that the petitioner had an alternative remedy under the Rajasthan Panchayati Raj Act, 1994, and therefore the writ petition was not maintainable.

Fact of the Case:

The petitioner, an elected Sarpanch, filed a writ petition to challenge the Motion of No-Confidence passed against her by the Gram Panchayat Dhansa and sought a declaration of its illegality.

Finding of the Court:

The court found that the petitioner had an alternative remedy under the Rajasthan Panchayati Raj Act, 1994, and therefore dismissed the writ petition as not maintainable.

Issues: The main issue was the maintainability of the writ petition in light of the availability of an alternative remedy under the Rajasthan Panchayati Raj Act, 1994.

Ratio Decidendi: The court held that since the petitioner had an alternative remedy under the Act, the writ petition was not maintainable.

Final Decision: The court dismissed the writ petition, stating that the petitioner had an alternative remedy under the Rajasthan Panchayati Raj Act, 1994.