2013 Supreme(Raj) 234
GOVIND MATHUR, V.K.MATHUR
Mitendra Singh Rathore – Appellant
Versus
State of Raj. – Respondent
Advocates Appeared
P.S. Bhati, Ravi Bhansali, Manoj Bhandari, R.S. Saluja, Harish Purohit, N.S. Rajpurohit, Trilok Joshi, Rakesh Arora, B.L. Bhati, Deepak Nehra, Tarun Joshi, Mahaveer Bishnoi, Nishant Bora, R.S. Choudhary, Shardul Bishnoi, P.S. Chundawat, Arjun Purohit, Hemant Dutt, Bharat Shrimali, N.R. Choudhary, A.K. Choudhary, V.N. Kalla, B.S. Tanwar, Ajay Vyas, Sanjay Nahar, Kailash Jangid, B.S. Deora, D.L. Motsara, H.S. Sidhu, V.R. Choudhary, Mahendra Prajapat, Abhinav Jain, Parmendra Bohar, M.S. Godara, for Petitioner(s);
G.R. Punia, Sr. Advocate & Additional Advocate General assisted Jamwant Gurjar, for Respondent(s).
Hon'ble MATHUR, J.—By 73rd amendment of the Constitution of India, a constitutional status was conferred on Panchayati Raj Institutions as the third stratum of governance. The amendment aforesaid was a landmark step to satisfy directives of the State Policy enshrined under the Constitution. With an object to bring a law relating to Panchayti Raj Institution in conformity with the constitutional status granted to such institutions, the Rajasthan State Legislature enacted Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as `the Act of 1994'). The Act of 1994 is a complete code of governance through Panchayati Raj Institutions in rural area of the State.
2. Section 78 to Section 84 of the Act of 1994 deals with appointment and deputation of officers and staff, while Section 89 deal with the formation of service for the Panchayati Raj Institutions in the name of "Rajasthan Panchayat Samiti and Zila Parishad Service." Section 90 deal with the constitution and functions of District Establishment Committee and Section 91 pertains to discipline among the members of the Panchayat Samiti and Zila Parishad service.
3. Section 102 of the Act of 1994 empowers the State Government to ma
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