Ramdhan Vs. State of Rajasthan - Court Judgment

SooperKanoon Citationsooperkanoon.com/763598
SubjectCivil
CourtRajasthan High Court
Decided OnSep-21-1988
Case NumberD.B. Civil No. 3214 of 1988
JudgeDinker Lal Mehta and; Shyam Sunder Byas, JJ.
Reported in1988WLN(UC)232
AppellantRamdhan
RespondentState of Rajasthan
DispositionPetition allowed
Excerpt:
constitution of india - article 226 and rajasthan panchayat act, 1953--no confidence motion--meeting adjourned by collector--held, meeting cannot be adjourned indefinitely and respondents are directed to fix up meeting for consideration of no-confidence within 5 weeks.;order accordingly - 1. heard. perused the writ petition and annexures 1 and 2.2. learned government advocate prays for time to file reply. the prayer is rejected.3. the survival of democracy rests on the pillars of the confidence of the electrol and impediment in the matter of choosing the representatives or asking them to quit the office on account of no confidence. the collector vide annexure 2 had sent a telegram that the meeting which was fixed for consideration of note of no confidence on 12-9-1988 has been adjourned till further orders. such order cannot be passed by any matter for the indefinite postponment of the meeting. the respondents are directed to fix up the meeting for consideration of motion of no confidence, within a period 5 weeks from today.4. the writ petition is allowed as indicated above.no order as to costs.
Judgment:

1. Heard. Perused the writ petition and Annexures 1 and 2.

2. Learned Government Advocate prays for time to file reply. The prayer is rejected.

3. The survival of democracy rests on the pillars of the confidence of the electrol and impediment in the matter of choosing the representatives or asking them to quit the office on account of no confidence. The Collector vide Annexure 2 had sent a telegram that the meeting which was fixed for consideration of note of no confidence on 12-9-1988 has been adjourned till further orders. Such order cannot be passed by any matter for the indefinite postponment of the meeting. The respondents are directed to fix up the meeting for consideration of motion of no confidence, within a period 5 weeks from today.

4. The writ petition is allowed as indicated above.

No order as to costs.