Rajasthan High Court - Jaipur
1. D.B.Civil Writ Petition ... vs State Of Rajasthan & Others. on 11 August, 2015
Bench: Ajay Rastogi, Anupinder Singh Grewal
1. D.B.Civil Writ Petition No.375/2015. Dulari Devi & Others VERSUS State of Rajasthan & Others. 2. D.B.Civil Writ Petition No.1/2015. Ramavtar Meena & Anr. VERSUS State of Rajasthan & Others. 3. D.B.Civil Writ Petition No.88/2015 Smt.Saroj @ Shakuntala Devi & Ors. VS State of Raj. & Others. 4. D.B.Civil Writ Petition No.121/2015. Chandra Shekhar Sharma. VS. State of Rajasthan & Others. 5. D.B.Civil Writ Petition No.122/2015. Smt.Imala Devi. VERSUS State of Rajasthan & Others. 6. D.B.Civil Writ Petition No.161/2015. Fateh Chand Bagla & Ors. VS State of Rajasthan. & Others. 7. D.B.Civil Writ Petition No.209/2015. Bholu Ram Doodhwal. VS State of Rajasthan. & Others. 8. D.B.Civil Writ Petition No.250/2015. Smt.Suman Devi & Others. VS State of Rajasthan. & Others. 9. D.B.Civil Writ Petition No.251/2015. Gheesa Lal. VERSUS State of Rajasthan & Others. 10. D.B.Civil Writ Petition No.259/2015. Udaram Kumawat. VERSUS State of Rajasthan & Others. 11. D.B.Civil Writ Petition No.260/2015. Om Prakash. VERSUS State of Rajasthan & Others. 12. D.B.Civil Writ Petition No.363/2015. Gokul Devi. VERSUS State of Rajasthan & Others. 13. D.B.Civil Writ Petition No.364/2015. Bhawani Shankar Meena. VS State of Rajasthan. & Others. 14. D.B.Civil Writ Petition No.376/2015. Norati Sarpanch & Anr. VS State of Rajasthan. & Others. 15. D.B.Civil Writ Petition No.501/2015. Kamla. VERSUS State of Rajasthan & Others. 16. D.B.Civil Writ Petition No.502/2015. Mohini Devi. VERSUS State of Rajasthan & Others. 17. D.B.Civil Writ Petition No.503/2015. Rameshwar. VERSUS State of Rajasthan & Others. 18. D.B.Civil Writ Petition No.504/2015. Kesanti Meena. VERSUS State of Rajasthan & Others. 19. D.B.Civil Writ Petition No.618/2015. Smt.Lali. VERSUS State of Rajasthan & Others. 20. D.B.Civil Writ Petition No.632/2015. Mamul. VERSUS State of Rajasthan & Others. 21. D.B.Civil Writ Petition No.789/2015. Smt.Vaijanti Devi. VERSUS State of Rajasthan & Others. 22. D.B.Civil Writ Petition No.790/2015. Chatru. VERSUS State of Rajasthan & Others. 11.08.2015. HON'BLE MR.JUSTICE AJAY RASTOGI HON'BLE MR.JUSTICE ANUPINDER SINGH GREWAL Mr.Rajendra Soni ] Mr.Satish Kumar ] Counsel for petitioners. Mr.Pradeep Kalwania ] Mr.N.M.Lodha, Advocate General/Senior Counsel assisted by Mr.Anurag Sharma, Additional Advocate General Mr.Sheetanshu Sharma ] Mr.Vishal Sharma ] Mr.Aniroodh Mathur ] Counsel for respondents.
Mr.Archit Bohra for ] Mr.R.B.Mathur ] *****
The instant batch of petitions have been filed seeking appropriate writ, order or direction to hold and declare the Ordinance No.2/2014, promulgated by the Hon'ble Governor of the State of Rajasthan dt.20.12.2014 amending Sec.19 of the Rajasthan Panchayati Raj Act, 1994, inserting clauses (r), (s) & (t) and Explanation-III for the purposes of newly inserted clauses (s) & (t), providing for educational qualifications for the members of a Zila Parishad or a Panchayat Samiti, Sarpanch of a Panchayat in a scheduled area & Sarpanch of a Panchayat other than in a scheduled area for contesting the elections for Panchayati Raj Institutions in the State of Rajasthan.
Initially, when the writ petitions were listed before the court, submissions were made for grant of interim protection, pending writ petitions, but after the matter being heard at length for grant of interim protection, the stay applications came to be disposed of by this court vide order dt.15.01.2015.
The respondents in their reply, have placed on record the Rajasthan Panchayati Raj (Second Amendment) Act, 2015 which has received assent of the Governor on 1st day of April, 2015 and Ordinance has now been replaced by an amendment which has now been introduced to Sec.19 of the Rajasthan Act No.13 of 1994.
After the amendment has been made vide Notification dt.01.04.2015 under the Rajasthan Panchayati Raj Act, 1994, which initially introduced by an Ordinance, reference whereof has been made supra, amendment application has been filed by the petitioners assailing the gazette Notification dt.01.04.2015 which has been seriously opposed by the respondents.
Counsel for respondents submits that it is a fresh cause of action and what has now been prayed for in the amendment application cannot be permitted to be questioned in the pending writ petitions. However, the petitioners, if so advised, certainly have liberty to file fresh writ petitions assailing the amendment Notification dt.01.04.2015.
Counsel for petitioners submits that since amendment has now been introduced vide Notification dt.01.04.2015, during pendency of the writ petitions, they are justified to seek amendment in the pending writ petition for assailing the amendment Notification dt.01.04.2015.
We have heard counsel for the parties and after taking into consideration the Notification dt.01.04.2015, which has come on record, in our considered view, the Ordinance which was subject matter of challenge in the instant batch of petitions, no more holds the field after amendment has been made vide Notification dt.01.04.2015 and in our considered opinion, all the writ petitions have become infructuous. However, the petitioners are at liberty to avail remedy in assailing the Notification dt.01.04.2015, if so advised, in the appropriate proceedings.
The writ petitions accordingly stand disposed of as observed supra.
(ANUPINDER SINGH GREWAL),J. (AJAY RASTOGI),J. All corrections made in judgment/order have been incorporated in the judgment/order being emailed. Solanki DS, Sr.P.A.