1. This writ petition has been filed by the petitioner aggrieved of the proceedings for no confidence motion initiated by the respondents and the notice issued in this regard.

2. Submissions have been made that an application for no confidence motion was made by Smt. Asmat Bano, to the Chief Executive Officer, Zila Parishad, Nagaur on 05.12.2022. The application for no confidence motion, however, was returned back by the Chief Executive Officer on 06.12.2022, indicating that as the same was not in proper form, the same may be produced in proper form.

3. Whereafter, a fresh no confidence motion has been proposed under Rule 21 of the Rajasthan Panchayati Raj Rules, 1996 (‘Rules of 1996’) on 20.12.2022, on which the Chief Executive Officer has initiated proceedings. Whereafter, a notice dated 02.01.2023 has been issued to the Ward Pancha(s) of the Gram Panchayat.

4. Learned counsel for the petitioner made submissions that the process initiated by the respondents in relation to the no confidence motion and issuance of the notice dated 02.01.2023 is illegal, inasmuch as once the application for no confidence motion filed on 05.12.2022, it was not within the jurisdiction of the Chief Executive Officer to have returned back the same for production of the same in proper form and as he had no jurisdiction to act as above; the subsequent procedure of production of application for no confidence motion, purportedly in proper manner, cannot be acted upon and, therefore, the process deserves to be set aside.

5. Reliance has been placed on the provision of Section 37 of the Rajasthan Panchayat Raj Act, 1994 (‘Act of 1994’), which deals with motion of no confidence with the submission that the same only envisages that Chief Executive Officer could only forward the same to the Panchayat concerned, and he does not have advisory jurisdiction requiring the filing of no confidence motion in proper form.

6. I have considered the submissions made by the counsel for the petitioner and have perused the material available on record.

7. On the application for no confidence motion filed by Smt. Asmat Bano, the Chief Executive officer, inter-alia, observed as under:

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8. A perusal of the above would reveal that on perusal of application, the Chief Executive Officer found that the same was not in proper form and, therefore, required the said Ward Panch to do the needful in terms of provisions of the of 1994 and the Rules of 1996.

9. The said act of the Chief Executive Officer cannot be said to be without jurisdiction, inasmuch as once an application is made to him, he is well within his right to examine the same and indicate as to whether the same is in proper form or not and seek any application/proposal in proper form.

10. The submissions made that under Section 37 of theof 1994, the Chief Executive Officer can only proceed in a particular manner i.e. he can only forward the proposal as received to the Panchayat and he does not have any advisory jurisdiction, cannot be countenanced, as returning of an application, which is not in proper form is not prohibited under the said provision.

11. In view of above, the plea sought to be raised for the purpose of questioning the procedure now adopted pursuant to application dated 20.12.2022 has no substance. No other argument has been advanced, there is no substance in the writ petition.

12. The writ petition is, therefore, dismissed.