The importance of adhering to procedural requirements for no confidence motions, the significance of majority opinion, and the discretionary powers of the court in such matters.

JUDGMENT

1. This writ petition is filed by the petitioner seeking following reliefs:

"It is, therefore, most respectfully and humble prayed that;

i) the instant writ petition may kindly be ordered to be allowed and a writ, order or direction the impugned notice dated 22.11.2022 (Annex.5) & 22.11.2022 (Annex.06) may kindly be quashed and set aside; and

ii) the respondents may kindly be restrained from conducting any meeting in pursuance to proposed so called No Confidence Motion.

iii) Any other order of direction, which this Hon’ble Court deems fit and proper in the facts and circumstances of the present case may kindly be passed in favour of the humble petitioner."

2. The petitioner is an elected Sarpanch of Gram Panchayat, Chhodia through election held on 24.09.2020. She has filed this writ petition being aggrieved with no confidence proceedings initiated against her by the Chief Executive Officer, Zila Parishad, Jaisalmer pursuant to the notice of no confidence motion submitted by the Members of the Gram Panchayat. The meeting for consideration of no confidence motion is scheduled to be held on 09.12.2022.

3. The principal argument of the learned counsel for the petitioner is this that she is not in receipt of any notice of proposed meeting. It is contended that as per the provisions of Rule 21(2) of the Rajasthan Panchayati Raj Rules, 1996 (hereinafter to be referred as ’the Rules of 1996’), it is mandatory that a notice is issued to all the Members of the Gram Panchayat including the Sarpanch but the petitioner has not been served with any such notice. When the notice of the meeting of the Gram Panchayat for consideration of the no confidence motion against the petitioner has not been served upon her along with the proposed no confidence motion, the whole proceedings initiated against the petitioner for consideration of no confidence motion are vitiated and the same are liable to be set aside.

4. Learned counsel for the petitioner has argued that the meeting of the no confidence motion is convened by the Chief Executive Officer, Zila Parishad, Jaisalmer after expiry of 30 days from the date of receipt of no confidence motion by the members concerned and, therefore, also the whole proceedings are vitiated. In support of the above contention, learned counsel for the petitioner has placed reliance on a decision of a Coordinate Bench of this Court rendered in Smt. Subhadra vs. State of Rajasthan, reported in 2010 (2) CDR 797 (Raj.).

5. Heard learned counsel for the petitioner and perused the material available on record.

6. The petitioner has contended that the notice of meeting for consideration of no confidence motion against her has not been served upon her but she has failed to disclose in her writ petition that how she came to know about the proceedings of no confidence motion against her. Though, in the writ petition, it is claimed that a copy of the proposed motion of no confidence submitted by the Members of the Gram Panchayat and other documents such as notices issued by the Zila Parishad etc. have been obtained by her under the RTI but no date of obtaining such information is disclosed by her. Otherwise also, it is noticed that the Chief Executive Office, Zila Parishad, Jaisalmer wrote a letter dated 22.11.2022 to the Vikas Adhikari, Panchayat Samiti, Fatehgarh, wherein it is mentioned that notice of the meeting dated 09.12.2022 for consideration of no confidence motion against the petitioner has already been issued to all the Members with a direction that the notice of the said meeting be pasted on the notice board of the Gram Panchayat itself.

7. It is also to be noticed that this writ petition has been filed by the petitioner before this Court on 28.11.2022, wherein she has annexed a copy of the proposed no confidence motion submitted by four Ward Members of the Gram Panchayat and a copy of the notice issued to the four Members of the Gram Panchayat from which it can be gathered that the petitioner is having knowledge of the