HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 1225/2025 Dinesh Kumar Bairwa S/o Shri Lalu Ram Bairwa, Aged About 28 Years, Resident Of Devariya Mansha, Panchayat Samiti Kotri, District Bhilwara ----Appellant Versus

1. Smt. Khani Devi W/o Unkar Dev, Aged About 48 Years, Resident At Bhil Mohalla, P.o. Mansha, Gram Panchayat Mansha, Tehsil Kotri, District Bhilwara (Rajasthan) At Present Occupying The Post Of Sarpanch/administrator Of Gram Panchayat Mansha, Panchayat Samiti Kotri, District Bhilwara (Rajasthan) 311603

2. State Of Rajasthan, Through Secretary And Commissioner, Rural Development And Panchayati Raj Development And Panchayati Raj Department (Panchayati Raj Development) Jaipur, Government Of Rajasthan, Secretariat, Jaipur. Email Address - Secy-Mopr@nic.in

3. Additional Commissioner And Deputy Secretary To Government Li (Inquiry), Panchayati Raj Department (Panchayati Raj Department) Rural Development And Panchayati Raj Department (Panchayati Raj Department)

Jaipur, Government Of Rajasthan, Secretariat Jaipur.

4. Zila Parishad Bhilwara, Through Its Chief Executing Officer Having Its Office At Rajendra Marg, Bhilwara (Raj.)

5. Vikas Adhikari, Panchayat Raj Samiti Kotri, District Bhilwara, Having Its Office At Kotri, District Bhilwara.

6. Gram Panchayat Mansha, Panchayat Samiti Kotri, District Bhilwara Through Its Secretary, Having Its Office At Mansha, Tehsil Kotri, District Bhilwara.

7. District Collector Bhilwara, Having Its Office At Collectorate Office Bhilwara.

----Respondents For Appellant(s) : Mr. Bhushan Singh Charan For Respondent(s) : Mr. Manas Ranchhor Khatri HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

26/02/2026

1. The case comes up on an application for vacation of the interim order dated 09.02.2026. Learned counsel appearing for respondent-writ petitioner submits that the stay order passed by the Single Bench is an interim order and an appeal against the same would not be maintainable. He further submits that the application for impleadment was moved by the appellant before the learned Single Judge, which is yet to be decided and the interim order was passed which has been challenged before this Court after a period of four months. In the meanwhile, the applicant-writ petitioner had joined in terms of the interim order passed by the Court. Learned counsel further submits that the writ-petitioner was an elected Sarpanch and has been removed without following the provisions including the procedure prescribed under Section 38 of the Rajasthan Panchayati Raj Act, 1994 read with Rule 22 and Rule 23 of the Rajasthan Panchayati Raj Rules, 1996.

2. This Court passed an interim order on 09.02.2026 staying the effect and operation of the order dated 11.8.2025 taking into consideration the fact that the learned Single Judge has relied on a judgment passed in the case of Puranmal Verma Vs. State of Rajasthan & Ors. [S.B. Civil Writ Petition No.5608/2025] decided on 14.07.2025 whereby the view was taken that a Sarpanch could not have been removed without following the provisions contained under Rule 22 of the Rajasthan Panchayati Raj Rules, 1996.

3. The said judgment relied upon by learned Single Judge has been challenged by State before the Division Bench in D.B. Special Appeal Writ No. 1085/25, which has been admitted and the effect and operation of the order dated 14^th July 2025, passed in Puranmal (supra) has been stayed. Thus, the order of the learned Single Judge has become flawed, as it relies on a judgment, effect of which has been stayed by the Division Bench. In the circumstances, therefore, the order passed by the Division Bench dated 09.02.2026 staying the effect and operation of the order dated 11.8.2025 cannot be said to be unjustified or illegal and, therefore, no occasion for vacating the said order is made out. However, it is made clear that the appellant would be free to move a fresh application for seeking stay before th