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2012 Supreme(Raj) 950

ARUN MISHRA, NARENDRA KUMAR JAIN-I
Ladu Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
Dharmendra Jain, for Petitioners

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The case concerns the legality and procedural requirements related to Section 109 of the Rajasthan Panchayati Raj Act, 1994, which mandates giving notice to the concerned Panchayat before filing a suit regarding matters specified in that section (!) .

  2. The petitioner challenged the constitutionality of Section 109, arguing that it does not provide for a provision similar to the urgent suit provisions under the Civil Procedure Code, thereby rendering the section arbitrary and ultra vires (!) .

  3. The court held that Section 109 of the Act functions as a procedural rule rather than a substantive law, and its requirement of notice before filing a suit is permissible within the legal framework. The section is akin to the procedural provisions of the Civil Procedure Code, specifically the notice requirement under Section 80 (!) (!) .

  4. It was clarified that the purpose of the notice under Section 109 is to allow the Panchayat or relevant authorities an opportunity to reconsider, settle, or address the claim without resorting to litigation, promoting administrative efficiency and justice (!) (!) .

  5. The court observed that the petitioner is not left without remedy; they can challenge the legality of any order refusing to register a plaint in appropriate proceedings (!) (!) .

  6. The court dismissed the writ petition, finding no merit in the challenge to the procedural provisions of Section 109, and dismissed the associated stay application (!) .

  7. The decision emphasizes that procedural provisions like those in Section 109 are valid and do not infringe upon substantive rights, and that the prescribed notice process is within the bounds of law (!) .

Please let me know if you need further analysis or assistance.


Hon'ble JAIN-I, J.—Writ petition has been preferred questioning vires of Section 109 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act of 1994'), requiring notice to be given to concerned Panchayat before institution of a suit with respect to matter enumerated in the section. Suit was proposed to be filed with respect to matter enumerated in the section.

2. Counsel appearing on behalf of petitioner has submitted that under Section 80(2) of the Code of Civil Procedure in urgent cases at present suit can be instituted in the Civil Court without notice, but no such provision has been made under Section 109 of the Act of 1994. Hence, provisions are arbitrary and ultra vires.

3. Counsel has also submitted that petitioner is left remedy less as this Court in Gram Panchayat Gangwa vs. Bankatlal S/o Hanumanprasad & Ors., 2004(2) DNJ (Raj.) 723, opined that suit is not maintainable without complying the requirement of Section 109 of the Act of 1994 and suit was ordered to be dismissed.

4. After hearing learned counsel for petitioner, we are of the considered opinion that provisions contained in Section 109 of the Act of 1994 cannot be said to be ultra vires, it is









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