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VIJAY BISHNOI
Pawan Kanwar – Appellant
Versus
State of Rajasthan – Respondent
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
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.
The court ruled that compliance with procedural safeguards under the Odisha Gram Panchayat Act, 1964 is critical for no-confidence motions, affirming that minor deviations do not invalidate democrati....
Compliance with procedural safeguards under Section 24 of the Odisha Gram Panchayat Act is crucial, but minor deviations that do not demonstrate prejudice may not invalidate no-confidence proceedings....
Procedural safeguards under Section 24 of the Odisha Gram Panchayat Act are mandatory for no-confidence motions; late notice receipt does not invalidate proceedings absent demonstrable prejudice.
Properly convened meeting with a notice issued at least 7 days in advance is essential for the no confidence motion proceedings.
Procedural compliance in no confidence motion notices is sufficient; prior satisfaction of the authority is not necessary, affirming adherence to statutory requirements.
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