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2020 Supreme(Raj) 392
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
ASHOK KUMAR GAUR, J.
Smt. Munesh Devi W/o Shri Narendra – Petitioner
Versus
State of Rajasthan, through Additional Chief Secretary – Respondent
S.B. Civil Writ Petition Nos. 2264, 2509, 2568, 2569, 2722, 2725, 2727, 2728, 2731, 2745, 2747, 3225 of 2020
Decided On : 11-06-2020
Advocate Appeared:
For the Petitioners: Mr. Ashwinee Kumar Jaiman, Mr. G.S. Gill, Mr. Praveen Kumar, Mr. Nawal Singh Sikarwar.
For the Respondents: Ms. Sheetal Mirdha, Mr. Prateek Singh, Mr. Nikhil Simlote.
Headnote:
Constitution of India, - Article 226 - Rajasthan Panchayati Raj (Election) Rules, 1994 - Rajasthan Panchayati Raj Act, 1994 - Election - Consequential orders - Drawing the lottery - Reconstitution - writ petitions also challenge the consequential orders issued by different Election Registration Officer (SDM) by drawing the lottery in particular Gram Panchayat in compliance of the orders issued - Writ petitions are being decided by this common order, as the petitions involve a common question of law and interpretation of various provisions contained in the Constitution of India, Rajasthan Panchayati Raj Act, 1994 and the Rajasthan Panchayati Raj (Election) Rules, 1994 - Court will take S.B. Civil Writ Petition as a lead case and facts pleaded in the said petition are noted for the purpose of deciding the controversy involved in other writ petitions raising the legal issue - Petitioner has pleaded that she is a resident and voter of village Rodwal, Panchayat Samiti Neemrana, District Alwar and as such she is entitled to contest election in the Gram Panchayat Rodwal. The petitioner has pleaded that a notification dated 15.11.2019 was issued by the respondents under Section 101 of the Rajasthan Panchayati Raj Act, 1994 whereby certain Gram Panchayats in the Panchayat Samiti Neemrana were reconstituted and as such total 33 Gram Panchayats were notified in the Panchayat Samiti Neemrana - Held, Coordinate Bench has found that subsequent exercise by the State Government cannot be faulted with and challenge to the draw of lottery was not found in favour of the petitioners and action of the State Government has been approved - Court was informed that order dated 26.02.2020 passed by the coordinate Bench at Principal Seat at case (supra) has been put to challenge before the Division Bench by filing D.B. Special Appeal Writ however, the said special appeal is said to be pending and no interim order has been passed - coordinate Bench at Principal Seat at Jodhpur has upheld the notifications and the consequential orders of re-draw of lottery, this Court does not want to take any contrary view and follows the same view, as has been taken by the coordinate Bench at Principal Seat at Jodhpur in the case of Virender Singh (supra) - Accordingly, action of the State Government in issuing notifications and the consequential orders do not require any interference by this Court and all the writ petitions are dismissed. No costs.
JUDGMENT :
ASHOK KUMAR GAUR, J.
1. These writ petitions primarily challenge the orders dated 24.01.2020 and 27.01.2020 issued by the State Government giving direction to all the District Collectors and Sub Divisional Officers in the State of Rajasthan for reconstitution of Gram Panchayats and further provide for reservation to General-Female/OBC-Female/OBC/SC/ST in the Panchayat Elections in different categories by way of draw of lots.
2. The writ petitions also challenge the consequential orders issued by different Election Registration Officer (SDM) by drawing the lottery in particular Gram Panchayat in compliance of the orders issued on 24.01.2020 and 27.01.2020.
3. These writ petitions are being decided by this common order, as the petitions involve a common question of law and interpretation of various provisions contained in the Constitution of India, Rajasthan Panchayati Raj Act, 1994 and the Rajasthan Panchayati Raj (Election) Rules, 1994.
4. This Court will take S.B. Civil Writ Petition No. 2509/2020 as a lead case and facts pleaded in the said petition are noted for the purpose of deciding the controversy involved in other writ petitions raising the legal issue.
5. The petitioner has pleaded that she is a resident and voter of village Rodwal, Panchayat Samiti Neemrana, District Alwar and as such she is entitled to contest election in the Gram Panchayat Rodwal. The petitioner has pleaded that a notification dated 15.11.2019 was issued by the respondents under Section 101 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter shall be referred as “Act of 1994”) whereby certain Gram Panchayats in the Panchayat Samiti Neemrana were reconstituted and as such total 33 Gram Panchayats were notified in the Panchayat Samiti Neemrana.
6. The petitioner has stated that State Election Commission declared the election programme and lottery was drawn on 18.12.2019. In the draw of lots, Gram Panchayat Rodwal was reserved for General Female candidate and it was clear to all concerned that the post of Sarpanch in Gram Panchayat Rodwal, was reserved for General Female candidate.
7. The petitioner has pleaded that the election programme was issued by the State Election Commission and the schedule published revealed that in the first spell, nominations were to be filled on 07.01.2020 and the date of election was 17.01.2020. The petitioner has pleaded that in Alwar District, elections of 29 Gram Panchayats of Panchayat Samiti Neemrana, were scheduled to be held in the first spell i.e. 17.01.2020.
8. The petitioner has pleaded that in view of the election programme declared by the State Election Commission, the petitioner filed her nomination form to contest election being General Female candidate for the post of Sarpanch and she also deposited the requisite amount and completed the necessary formalities and she was also issued electoral symbol by the respondents.
9. The petitioner has pleaded that certain Gram Panchayats were created, constituted and amalgamated after notification dated 15/16.11.2019 and the same was the subject matter of challenge before the Division Bench of Principal Seat at Jodhpur and the Division Bench in Jai Singh Vs. State of Rajasthan and Others (D.B. Civil Writ Petition No. 17993/2019) and other connected matters, had quashed and set aside all the subsequent notifications issued after dated 15/16.11.2019 vide order dated 13.12.2019 and as such the creation, re-creation and amalgamation of such Gram Panchayats was declared null and void by the Division Bench.
10. The petitioner has pleaded that the order of Division Bench dated 13.12.2019 was put to challenge before the Apex Court by the State Government by way of filing SLP No. 30471/2019 and the effect and operation of the order passed by the Division Bench of this Court, was stayed by the Apex Court vide order dated 08.01.2020.
11. The petitioner has pleaded in the w
