IMPORTANT POINT
An Administrator can only be appointed when a Panchayat is dissolved, not when it is merely reconstituted.

ORDER :

Rekha Borana, J.

1. The present writ petition has been preferred against the notification dated 29.07.2024 (Annex.6) whereby an Administrator has been sought to be appointed qua the newly constituted Gram Panchayat Chawadia.

2. The facts are that vide notification dated 31.05.2022, a new municipality namely ‘Marwar Junction’ was constituted and one village namely Suryanagar from Gram Panchayat Chawadia was included in the said newly constituted municipality. Earlier, Gram Panchayat Chawadia comprised of four villages out of which one was included in the newly constituted municipality. Therefore, Gram Panchayat Chawadia remained with three villages namely, Chawadia, Jogdawas and Bithora Khurd and hence, Gram Panchayat Chawadia was reconstituted with the same name. For the said purpose, notification dated 25.07.2023 was issued.

3. After the re-constitution of Gram Panchayat Chawadia vide notification dated 25.07.2023, the earlier members of the Gram Panchayat continued to function. However, after a period of almost one year, vide notification dated 29.07.2024 (Annex.6), the Development Officer of Gram Panchayat Chawadia has been sought to be appointed as an Administrator till the election of representatives of the newly constituted Gram Panchayat and their first meeting.

It is the said notification dated 29.07.2024 which is under challenge in the present writ petition.

4. Learned counsel for the petitioner submits that the right sought to be exercised while passing the notification dated 29.07.2024, has been reflected to be in terms of Sections 95 & 101 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as, ‘the Act of 1994’). However, none of the said provisions prescribe for appointment of an Administrator in cases of reconstitution of the Gram Panchayat. Learned counsel submits that a bare perusal of the notifications dated 25.07.2023 as well as 29.07.2024 makes it clear that Gram Panchayat Chawadia has been reconstituted with the same name. Gram Panchayat Chawadia was never dissolved which is a sine qua non for application of provisions of Section 101 of the Act of 1994.

5. Learned counsel submits that the Gram Panchayat having not been dissolved, the powers under Section 101(1) of the Act of 1994 could not have been exercised by the State Authorities. Learned counsel further submits that even otherwise, had the intention of the State Authorities been to constitute a new body, the elections for the said purpose within a period of six months of the notification dated 25.07.2023 ought to have been conducted. The same having not been conducted within the said time period, an Administrator, after the said time having lapsed, could not have been appointed. He submits that the elections, whatsoever, have not even been notified till date and therefore, the intention of State Authorities is somehow to restrain the elected representatives from functioning.

6. Per contra, learned Additional Advocate General appearing on behalf of the respondent-Department submits that appointment of an Administrator is a natural consequence of the existing Panchayat having been dissolved. He submits that in terms of Section 95 of the Act of 1994, all the powers and duties of a Panchayati Raj Institution to be exercised and performed by an Administrator is the first consequence of a Panchayati Raj Institution having been dissolved under the Act of 1994. Further, in terms of Proviso to Section 101(2), where the Panchayat stands dissolved, appointment of an Administrator is a must. Therefore, the notification dated 29.07.2024 is perfectly valid and in consonance with the provisions of the Act of 1994.

7. In support of his submissions, learned AAG relied upon a judgment passed by the Co-ordinate Bench of this Court in the case of Tulsi Ram Mund & Ors. vs. State of Rajasthan & Ors.; 2010 (2) WLC (Raj.) 112 = 2010 (1) RLW (Raj.) 760.

8. Heard learned counsels for the parties and perused the material available on record.

9. The issue which arise