JAGAT NAYARAN, J.—This is a petition under Art. 226 of the Constitution by one Ram Karan for a direction to the Deputy District Development Officer, Nagore, to convene a meeting for the consideration of a no confidence motion presented before him on 17.6.66. The petition has been contested on behalf of Bansi Lal.

2. Bansi Lal was elected Sarpanch of Modi Kalan Panchayat on 9.1.65. A no-confidence motion against him was handed over to the Deputy District Development Officer Nagore by one Ramlal, Panch, on 22nd April 1966. He convened a meeting for the discussion of the no-confidence motion for 6.5.66. Bansi Lal filed a writ petition (No. 338 of 1966) in this Court on which the meeting which was to be held on 6.5.66 was stayed on the ground that the Deputy District Development Officer was not authorised to convene the meeting.

3. On 11.5.66 one Puran Giri Panch, handed over another no-confidence motion against Bansi Lal to the Collector. The Collector directed him to present the motion to the Deputy District Development Officer, stating that he himself had no power to convene the meeting. Puran Giri then presented the same motion to the Deputy District Development Officer who however refused to convene a meeting on account of the stay order passed by this Court in S.B. Civil Writ Petition No. 338 of 1966. Puran Giri then filed S. B. Civil writ Petition No. 373 of 1966 for a direction to the Collector to convene a meeting for the disposal of the no-confidence motion.

4. On 6.6.66 the following notification was published in the Rajasthan Gazette—

"Panchayat & Development Department

NOTIFICATION

Jaipur, May 13, 1966

No. F 4/LJ/3(1) 66/6762.—In exercise of the powers conferred by sec. 89 read with sec. 19 of the Rajasthan Panchayat Act, 1953 (Rajasthan Act No. 21 of 1953), the State Government hereby makes the following amendment to the Rajasthan Panchayat and Nyaya Panchayat (General) Rules, 1961, namely—

AMENDMENT

For the expression "Collector" wherever occurring in rules 14 and 15 the expression "Officer-in-Charge" shall be substituted.

By Order of the Governor

Ram Singh,

Dy. Secretary to the Government."

5. The above notification was amended by another notification published in the Rajasthan Gazette dated June 13, 1966, which runs as follows —

"Panchayat & Development Department

CORRIGENDUM

Jaipur June 13, 1966.

No. F4/LJ/3(1) 66/7987—In partial modification of this Department Notification No. F 4/ LJ/3(1) 66/6762 dated the 13th May, 1966 published in an extraordinary Rajasthan Gazette, Part IV(C) dated the 6th June, 1966 in the amendment the words " Officer-in-Charge" shall be read as "Officer-in-Charge of Panchayats."

By order of the Governor,

Ram Singh,

Deputy Secretary to the Government."

6. On 17.6.66 Ram Karan petitioner handed over another motion of no-confidence against Bansi Lal to the Deputy District Development Officer who refused to consider a motion on account of the stay order issued by this Court in S. B. Civil Writ Petition No. 238/1966.

7. The present writ petition has been filed for a direction to the Deputy District Development Officer to convene a meeting for the disposal of the no-confidence motion. It is contended on behalf of the petitioner that the necessary power to do so has now been conferred on the Deputy District Development Officer in view of the above two notifications. Sec. 19 of the Rajasthan Panchayat Act runs as follows —

"Motion of no-confidence—(1) A motion of no-confidence may be moved by any Panch after giving such notice as may by prescribed against the Sarpanch or Up-sarpanch.

(2) If the motion against the Sarpanch is carried by a majority of not less than 3/4th of the total number of Panchas or if the motion against Up-Sarpanch is carried by a majority of the total number of Panchas, the Sarpanch or Up-Sarpanch, as the case may be, shall within 3 days of the passing of the motion resign his office by submitting his resignation to the Officer in-Charge of Panchayats and thereupon his office shall be deemed to be

Click Here to Read the rest of this document