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1974 Supreme(Raj) 50

LODHA
Chaiader Singh – Appellant
Versus
Collector, Sikar – Respondent


Advocates Appeared:
M.R. Calla, for Petitioner; P.N. Dutt, for Non-petitioners Nos. 5 to 12

LODHA, J.—By this writ application under Art.226 of the Constitution of India, the petitioner, who was Sarpanch of Gram Panchayat, Bibipur Chhota, District Sikar, has Challenged the motion of no-confidence passed against him on 27-9-72. The validity of no-confidence motion is being challenged on the following grounds I—

(1) It has not been passed by 3/4th of the total number of members of the Panchayat including Sarpanch as provided by sec. 19(2) of the Rajasthan Panchayat Act, 1953 (which will hereinafter for the sake of brevity be referred to as the Act).

(2) That the notice of no-confidence motion dated 12-9-72 marked Ex. 1A is bad because,—

(a) is does not set out the proposed motion of no-confidence in extenso as required by rule 14(2) of the Rajasthan Panchayat & Nyaya Panchayat (General) Rules, 1961 (which will hereinafter be called "the Rules);

(b) the notice is not addressed to the Deputy District Development Officer as required by rule 14(1) of the Rules;

(c) the proceedings for calling a special meeeting of the Panchayat for consideration of the motion were conducted not by the Deputy District Development Officer as required by rule 15(1) of the Rules, but were conducted by t














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