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2004 Supreme(Raj) 931

SHIV KUMAR SHARMA, R.P.VYAS
Surendra Kumar Garg – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
R.K. Mathur, for Appellants D.V. Tholia, S.S. Sharma, for Respondents

Honble VYAS, J.–The instant appeal is directed against the order of the learned Single Judge dated August 26, 2003, by which he dismissed the writ petition of the appellant-petitioners on the grounds that to settle the scores against respondent No. 3- Smt. Surta Devi the lady Sarpanch of Gram Panchayat, the petition has been filed, and she is indulged in forgery and prepared forged documents, the petitioner-appellants are free to move a No Confidence Motion against her. Apart from that, the petitioner- appellants are not directly affected by the order of the State Government.

(2). Aggrieved by the aforesaid order of the learned Single Judge, the instant appeal has been filed.

(3). In this appeal, the appellant-petitioners have challenged the impugned order of the learned Single Judge dated August 26, 2003 on two grounds. Firstly, it was contended that the learned Single Judge has committed serious illegality and irregularity while dismissing the writ petition, without taking into consideration the provisions of Section 39 and 97 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as `the Act, 1994). He also made an attempt to assail the impugned judgment with reference





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