w w w . L a w y e r S e r v i c e s . i n



Madan Lal v/s State of Rajasthan & Others


Company & Directors' Information:- MADAN & COMPANY LIMITED [Active] CIN = U65993TN1981PLC008556

Company & Directors' Information:- C. LAL LIMITED [Active] CIN = U51909HR2012PLC046499

Company & Directors' Information:- T MADAN & CO PVT LTD [Active] CIN = U51909WB1950PTC018749

    Civil Writ Petition No. 5563 of 1998

    Decided On, 07 December 1998

    At, High Court of Rajasthan Jaipur Bench

    By, THE HONOURABLE MR. JUSTICE J.C. VERMA

    For the Appellant: Rajendra Soni, Advocate. For the Respondents: Manish Bhandari, Ajay Gupta, Advocates.



Judgment Text

J.C. Verma, J.

1. The petitioner was a Sarpanch of Gram Panchayat, Paota, Panchayat Samiti, Virat Nagar, Jaipur. On certain allegations a no-confidence motion was moved against the petitioner on 14-8-1998 and a meeting was scheduled to be held on 18-9-1998. Initially, there was a stay order in favour of the petitioner which was vacated on 7-10-1998.

2. Another notice of no-confidence was issued on 13-10-1998 for a meeting to be held on 23-10-1998. The petitioner challenges the notice dated 13-10-1998 (Annexure-1), by which the S.D.O., Kotputli, was directed to preside over the meeting by the S.D.O., Kotputli and also Annexure-2, the resolution passed on 23-10-1998 whereby the no-confidence motion of the petitioner was passed.

3. It is one of the contentions of the petitioner that under Sub-section (4) of Section 37 of the Rajasthan Panchayati Raj Act, 1994 in a meeting where the no-confidence motion is to be moved, the meeting is to be presided over by the competent authority, provided for reasons to be recorded in writing the competent authority can nominate any other person to preside over the meeting. The competent authority has been defined under the Act, to be such officer or authority as the State Government may, by notification in the Official Gazette, appoint to perform such functions and exercise such powers. Section 37(4) reads as under :

37. Motion of no-confidence in chairpersons and deputy chairpersons-

(1) A motion expressing want of confidence in the chairperson or deputy chairperson of a Panchayati Raj Institution may be made in accordance with the procedure laid down in the following sub-sections.

(4) The competent authority shall preside at such meeting:

Provided that if, for reasons to be recorded in writing, he is unable to do so, the officer nominated by him shall so preside.

4. The definition of competent authority reads as under:

"Competent authority" means such officer or authority as the State Government may, by notification in the Official Gazette, appoint to perform such functions and exercise such powers of a competent authority with respect to such provisions of this Act and in relation to such Panchayati Raj Institutions as are specified in the notification;

5. The petitioner submits that in the present case the competent authority was the Chief Executive Officer and he has not given any reason whatsoever to nominate the SDO, Kotputli for presiding over the meeting, it is further submitted that even the SDO, Kotputli had not presided over the meeting, rather he further delegated this power to the Tehsildar, Kotputli as is clear from Annexure-2 and thus the meeting which was mandatory and statutorily to be presided over by the Chief Executive Officer was initially not ordered to be presided in accordance with law by the SDO on the ground that no reasons had been mentioned in the order Annexure-1, but in the present case, even the SDO did not preside over the meeting and it was the Tehsildar who presided over.

6. There is merit in the submissions made by the petitioner. It is settled law that the action is to be taken in accordance with law as prescribed in the procedure. Statutorily it is the competent authority who should preside over the meeting. The Legislature had thought it expedient in the circumstances of the case to empower the highest authority of the Panchayat Samiti to preside over the meeting for passing a resolution of no-confidence against an elected Sarpanch. The Legislature was of the opinion as it seems that the interest of Sarpanch and the Panchayat shall be safe in the hands of the highest authority so that no injustice is done to either of the party and if it was not possible for such an officer to preside over the meeting, he can only delegate by giving cogent reasons and those reasons should also be known to the parties concerned. In the present case, the Chief Executive Officer had only passed an order saying that the SDO shall preside over the meeting and no reasons have been given in the order nor any reason has been brought on record by the respondent. It was stated by the respondent that no written statement is required to be filed and the matter can be decided on the legal submissions on the facts as mentioned in Annexs.-1 and 2.

7. Because of the fact that no reasons have been mentioned in Annexure-1 for deputing the S.D.O. to preside over the meeting, the notice for holding the meeting was not in accordance with law.

8. Apart from above, even the SDO did not preside over the meeting as per direction Annexure-1 and it is the Tehsildar who had presided over the meeting as is clear from the proceedings Annexure-2. Tehsildar had no authority to be either present in the meeting or to preside over the meeting. The meeting can only be presided over by the competent authority, in the present case Chief Executive Officer, or a person nominated by him on valid reasons. Nothing has been brought on record to show as to how the Tehsildar had presided over the meeting. Any such meeting not presided over by the person as prescribed under the statute, is no meeting in the eyes of law. The guarantee of safeguarding the elected post of Sarpanch to the effect that if he is to be removed by way of no-confidence m

Please Login To View The Full Judgment!

otion, he can only be removed in the meeting presided over by the competent authority, has been violated in the present case. 9. For the reasons that the writ petition suc-ceeds on the above point, there is no necessity to go into the other submissions made by the petitioner on the point that notice Annex.-1 was short by 5 days. 10. For the reasons mentioned above, the impugned notice and resolution Annexs.-1 and 2 are quashed. The writ petition is allowed with cost of Rs. 1,000/- without going into the submissions made by the petitioner on other counts.
O R







Judgements of Similar Parties

09-09-2020 Rajasthan State Road Transport Corporation & Others Versus Goverdhan Lal Soni & Another Supreme Court of India
08-09-2020 Murari Lal Versus State of U.P & Others High Court of Judicature at Allahabad
28-08-2020 Chhotey Lal Versus State of U.P. High Court of Judicature at Allahabad
27-08-2020 L. Madan @ Katu Versus State of Karnataka, Represented by the State Public Prosecutor, Bengaluru High Court of Karnataka
18-08-2020 Lal Chand Versus Union Territory of J&K & Others High Court of Jammu and Kashmir
11-08-2020 Shankar Lal Yadav & Another Versus Union of India & Others High Court of Delhi
17-07-2020 Pyare Lal Versus State of Haryana Supreme Court of India
29-06-2020 Chirag Madan Versus Union of India & Others High Court of Delhi
29-06-2020 Mohan Lal Jain Versus Insolvency & Bankruptcy Board of India & Another High Court of Delhi
26-06-2020 Amrut Lal @ Amrit Lal Versus State of Chhattisgarh & Others High Court of Chhattisgarh
23-06-2020 Munna Lal Versus State of U.P. Thru. Addl. Chief Secy. Medical & Health Lko & Others High Court Of Judicature At Allahabad Lucknow Bench
19-06-2020 Vipin Kumar Choudhary Versus Makhan Lal Chaturvedi National University Of Journalism & Communication - Bhopal National Consumer Disputes Redressal Commission NCDRC
18-06-2020 Jivan Lal Verma Versus Kishan Agrotek National Consumer Disputes Redressal Commission NCDRC
11-06-2020 Moti Lal @ Moti Lal Patwa Versus Union of India, Ministry of Finance through the Director, Enforcement Directorate, Delhi & Another High Court of Judicature at Patna
03-06-2020 Latelraj Suryawanshi (Latelram Suryawanshi wrongly mentioned in the impugned judgment) Versus Hori Lal Tamboli & Another High Court of Chhattisgarh
21-05-2020 Aravapalli Krishna Murthy Versus Syed Lal Saheb Died & Others High Court of Andhra Pradesh
20-05-2020 Diwari Lal & Others Versus State of U.P. High Court of Judicature at Allahabad
14-05-2020 Meena Sharma Versus Nand Lal & Another High Court of Delhi
13-05-2020 Manish Madan Versus State of Haryana High Court of Punjab and Haryana
11-05-2020 Shiv Lal (Since Deceased) Versus Mohan Lal High Court of Punjab and Haryana
08-05-2020 Mohan Lal Versus State of NCT of Delhi Supreme Court of India
30-04-2020 Jagdish Lal Versus State of Himachal Pradesh High Court of Himachal Pradesh
20-04-2020 Babu Lal Versus State (N.C.T. of Delhi) High Court of Delhi
24-03-2020 Babu Lal & Others Versus Para Devi & Others High Court of Rajasthan Jaipur Bench
17-03-2020 Meghna Singh (Through: Her Natural Guardian) Avita D Lal Versus Central Board of Secondary Education & Another High Court of Delhi
17-03-2020 The Joint Labour Commissioner and Registering Officer & Another Versus Kesar Lal Supreme Court of India
11-03-2020 Ram Dulari & Another Versus Ram Lal & Another High Court of Himachal Pradesh
29-02-2020 Lal Chand Versus State of H.P. High Court of Himachal Pradesh
27-02-2020 Aman Khattar Versus Jawahar Lal High Court of Delhi
27-02-2020 Manohar Lal Versus State Of Himachal Pradesh High Court of Himachal Pradesh
26-02-2020 M/s. Kiran Cold Storage Pvt. Ltd. Through Director Manohar Lal Ahuja, Uttar Pradesh Versus Yashpal National Consumer Disputes Redressal Commission NCDRC
25-02-2020 Smriti Madan Kansagra Versus Perry Kansagra High Court of Delhi
19-02-2020 M/s. Behari Lal & sons V/S The State of Punjab High Court of Punjab and Haryana
18-02-2020 Dr. Hira Lal Versus State of Bihar & Others Supreme Court of India
18-02-2020 M/s. Girdhari Lal Constructions (P) Ltd. Dwaraka, New Delhi, Registered Office Bhatinda, Punjab, Represented by Its Director, Vikas Mehta Versus Union of India, Represented by Its Secretary, Ministry of Housing & Urban Affairs, New Delhi & Others High Court of Kerala
14-02-2020 New India Assurance Company Ltd. Through Its Duly Constituted Attorney, Manager, Delhi Versus Chaman Lal National Consumer Disputes Redressal Commission NCDRC
13-02-2020 Vikas Panchayat, Gram Boheda Through Sarpanch, Rajasthan Versus Badri Lal & Others National Consumer Disputes Redressal Commission NCDRC
13-02-2020 Ashok Alias Gore Lal Veruss State of U.P. High Court of Judicature at Allahabad
13-02-2020 Jhanak Lal V/S State of Madhya Pradesh High Court of Chattisgarh
11-02-2020 Kanhaiya Lal Versus Lala Ram & Others High Court of Judicature at Allahabad
06-02-2020 Heera Lal Versus State High Court of Rajasthan
05-02-2020 Chhotey Lal @ Chottu Versus State High Court of Delhi
04-02-2020 Madan Barman Versus State of West Bengal High Court of Judicature at Calcutta
31-01-2020 Manohar Lal Versus State of H.P. & Others High Court of Himachal Pradesh
29-01-2020 Karnveer Singh Versus Panji Lal Damor High Court of Rajasthan Jodhpur Bench
28-01-2020 Mohit Lal Ghosh Versus The State of West Bengal & Others High Court of Judicature at Calcutta
27-01-2020 Khushru Dorab Madan Versus Union of India Represented by its Ministry of Corporate Affairs Shastri Bhawan, New Delhi & Another High Court of Judicature at Madras
27-01-2020 M/s. Urban Umbrella Development And Management Company Through Its Proprietor/Authorized Signatory, Punjab V/S Pawan Lal & Others National Consumer Disputes Redressal Commission NCDRC
24-01-2020 Chuni Lal Versus Munshi Ram & Another Supreme Court of India
24-01-2020 Lal Mohammed Versus State (Nct of Delhi) High Court of Delhi
23-01-2020 Bajrang Lal Sharma Versus C.K. Mathew & Others Supreme Court of India
22-01-2020 Seema Lal & Others V/S State of Kerala, Represented by The Principal Secretary, Department of Social Welfare, Secretariat, Trivandrum & Others High Court of Kerala
21-01-2020 Kishan Lal Chadha @ Krishan Lal Chadha (Deceased) Versus Anup Chadha High Court of Judicature at Calcutta
20-01-2020 Madan Mohan Pandey Versus Union of India High Court of Jharkhand
17-01-2020 Oriental Insurance Company Ltd, Orissa Versus Achhey Lal High Court of Chhattisgarh
16-01-2020 Rattan Lal Bharadwaj Versus Magma Financial Corporation Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
08-01-2020 Shyam Lal Jayaswal Versus Branch Manager, Oriental Insurance Company Limited & Another Supreme Court of India
06-01-2020 Madan Mahto Versus State of Jharkhand High Court of Jharkhand
06-01-2020 Udhav Lal Versus State of Chhattisgarh, Through- Police Station Sarangarh High Court of Chhattisgarh
03-01-2020 State Bank of India V/S Nand Lal Sokhal and Others. Debts Recovery Tribunal Jaipur
02-01-2020 Manori Lal & Another Versus State of U.P. & Others High Court of Judicature at Allahabad
06-12-2019 Manik Lal Das Versus The State of West Bengal & Others High Court of Judicature at Calcutta
04-12-2019 State of Punjab Versus Kashmiri Lal @ Sheera High Court of Punjab and Haryana
29-11-2019 Chumman Lal Sahu & Another Versus Gopal Ji Singh & Others High Court of Chhattisgarh
28-11-2019 Jalandhar Improvement Trust & Another Versus Madan Singh National Consumer Disputes Redressal Commission NCDRC
21-11-2019 Sham Lal Chabba Versus Om Prakash & Others High Court of Himachal Pradesh
20-11-2019 Chaitu Lal Versus State of Uttarakhand Supreme Court of India
15-11-2019 The Management of M/s. Birla Te Versus Chunni Lal High Court of Delhi
15-11-2019 Municipal Corpn. Of Greater Mumbai (MCGM) Versus Abhilash Lal & Others Supreme Court of India
13-11-2019 Montu Lal Das Gupta V/S The Union of India, Represented by the Secretary, to the Government of India, Ministry of Health, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
11-11-2019 The State of Maharashtra Versus Mohammed Ibrahim Lal Mohammed & Another High Court of Judicature at Bombay
08-11-2019 Avijit Mitra & Others Versus Shankar Lal Roy High Court of Judicature at Calcutta
08-11-2019 Parvati Mohta Through Legal Representatives Versus Mohan Lal Sukhadia University High Court of Rajasthan Jodhpur Bench
06-11-2019 Madan Mohan Versus State of Rajasthan Through PP High Court of Rajasthan Jaipur Bench
05-11-2019 Heera Lal Versus State of Rajasthan, Through PP High Court of Rajasthan Jaipur Bench
04-11-2019 Shyambai Versus Shankar Lal National Consumer Disputes Redressal Commission NCDRC
25-10-2019 Joint Labour Commissioner & Registering Officer & Another Versus Kesar Lal National Consumer Disputes Redressal Commission NCDRC
23-10-2019 Indore Development Authority Versus Manohar Lal & Others Supreme Court of India
22-10-2019 Pratap Lal Teli Versus The State of Maharashtra, through the Public Prosecutor, Home Department, Government of Maharashtra & Others High Court of Judicature at Bombay
22-10-2019 M/s. Arun Smelters Ltd, Rep. by its Director Umesh Madan, Egmore Versus The Assistant Commissioner (CT), Valluvarkottam Assessment Circle, Chennai High Court of Judicature at Madras
19-10-2019 Hori Lal & Another Versus State of Uttar Pradesh High Court of Judicature at Allahabad
18-10-2019 Gopi Lal Sahu Versus State of Chhattisgarh & Others High Court of Chhattisgarh
18-10-2019 Jawahar Lal Jaiswal Versus State of U.P. & Others High Court of Judicature at Allahabad
09-10-2019 Roshan Lal Versus Delhi Jal Board High Court of Delhi
04-10-2019 Ravi Setia Versus Madan Lal & Others Supreme Court of India
26-09-2019 Commissioner of Income Tax Exemption U.P State Cons. & Infra. Versus M/s. Reham Foundation Kandhari Lane Lal Bagh, Lucknow High Court Of Judicature At Allahabad Lucknow Bench
25-09-2019 Rakesh Goel Versus Hira Lal ( Now Deceased) & Another High Court of Delhi
24-09-2019 Sri Ananta Prasad Sahu @ Sri Ananta Lal Sahu Versus Sri Gopal Sahu @ Sri Golao Lal Sahu High Court of Gauhati
18-09-2019 National Insurance Co. Ltd. Versus Rameshwar Lal & Another National Consumer Disputes Redressal Commission NCDRC
17-09-2019 Anshuman Dubey & Another Versus Jawahar Lal Nehru University & Others High Court of Delhi
16-09-2019 Vinod Madan Lal Nawandhar Versus Vidisha Garg & Others High Court of Delhi
11-09-2019 Ami Lal Versus Commandant, 52nd Battalion, Central Reserve Police Force, Manipur & Another High Court of Orissa
09-09-2019 Malkit Kaur Versus Joginder Lal Khurana High Court of Punjab and Haryana
06-09-2019 Chaman Lal Mittal Versus Kamini Sharma High Court of Delhi
05-09-2019 Laxman Lal Latta Versus Kamlesh Parmar & Others High Court of Rajasthan
03-09-2019 Pritam Lal Makhija Versus Akhil Bhartiya Aggarwal Sammelan Thr its Joint Organised Secretary Virender Gupta High Court of Delhi
02-09-2019 Bharat Lal Meena Versus State of Rajasthan High Court of Rajasthan Jaipur Bench
02-09-2019 Shiv Lal Versus Om Parkash Kashyap High Court of Delhi
22-08-2019 Dilip Kumar Mahesh Versus Sundar Lal Maurya High Court Of Judicature At Allahabad Lucknow Bench
21-08-2019 Sunder Lal Versus State High Court of Delhi