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DINESH MEHTA
Kasumbi, W/o. Shri Bhakar Ram Loharki – Appellant
Versus
State Of Rajasthan, Through The Secretary, Department Of Panchayati Raj – Respondent
JUDGMENT :
1. By way of the instant writ petition preferred under Article 226 of the Constitution of India, the petitioner has prayed for a mandamus to the respondent no.3 -District Collector to hand over the charge of the Sarpanch of Gram Panchayat 'Loharki' (hereinafter referred to as 'Gram Panchayat') to her.
2. The facts as set out in the memo of the writ petition are, that at the relevant time the seat of the Sarpanch as well as Up-Sarpanch of Gram Panchayat, which falls in the Panchayat Samiti Sankara, Tehsil Pokaran, District Jaisalmer, was unreserved or was open for the General category candidates.
3. The elections of Sarpanch and Panchas of the Gram Panchayat were held in March, 2020 and one Kishan Kanwar was elected as Sarpanch on 15.03.2020. The petitioner, who belongs to Scheduled Caste community, won the election of Panch from the open seat and was later on elected as Up-Sarpanch by the Panchas of the Gram Panchayat.
4. On 26.05.2023, Kishan Kanwar, the elected Sarpanch of the Gram Panchayat (hereinafter referred to as 'the erstwhile Sarpanch') passed away leaving the seat of Sarpanch unrepresented.
5. The Gram Vikas Adhikari of the Gram Panchayat informed the Vikas Adh
No confidence motion applies to a nominated officiating Sarpanch under the Panchayati Raj Act, ensuring accountability in governance.
The Deputy Commissioner had the authority to order the removal of the petitioner under Section 51(3)(b) of the Haryana Panchayati Raj Act, 1994, as the petitioner did not possess the minimum qualific....
The principle of reservation must be adhered to in appointing an officiating Gram Pradhan, and the consent of Gram Panchayat members is essential for nominations.
Sarpanch, aggrieved by an order of removal to be passed by the 1st Respondent under Section and 37(5) of the Act or by an intimation under Sub Section 2 of Section 35 of the Act, within 30 days from ....
If Sarapnach fails to call such meeting, the Secretary of the panchayat shall forthwith make a report thereof the competent authority and thereupon the competent authority shall call a meeting of the....
A directly elected Sarpanch retains the right to cast both a primary vote and a casting vote in the election of an Upsarpanch, as established by the interpretation of the Maharashtra Village Panchaya....
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