AIR 1952 RAJASTHAN 144

Rajasthan High Court

Hon'ble Judge(s): Wanchoo , C.J. AND Bapna , J

(A) Marwar Village Panchayats Act (1945) , S.4— Absence of notification - Effect. A notification under S. 4 is the foundation for the coming into existence of a 'panchayat' in a village and where no such notification has been made no 'panchayat' under the Act can function in any village. If no such notification was ever made, the body which calls itself the 'panchayat' of @page-Raj145 a village has no legal existence and cannot impose any taxes or perform any functions conferred on a 'panchayat' by the Act.(Para 3) (B) Marwar Village Panchayats Act (1945) , S.67— Applicability. Where the case of the applicants is that the 'panchayat' is not legally constituted at all S. 67 has no application, for it applies to cases of orders passed by a legally constituted 'panchayat'.(Para 6) (C) Constitution of India , Art.226— Alternative remedy - Issue of writ of prohibition. Marwar Village Panchayats Act (1945) , S.60— It cannot be said that the Court cannot issue an order if there is another remedy available. The power of the Court is there, though it may not be exercised in case where an ade....