Can State Sit Over Court Order Without Challenging It? Rajasthan High Court Seeks Explanation On Non-Reinstatement Of Panchayat Head

The Rajasthan High Court directed the State authorities to submit explanations over inaction on their part in implementing an order of the Court to reinstate an elected representative i.e. Pradhan of Panchayat Samiti, Uchchain, in absence of any challenge being made to the order.

Justice Ganesh Ram Meena questioned whether the State authorities could sit over the Court's order for a long time without making any sincere efforts for its implementation or availing any appropriate remedies under law to challenge the same.

The Court was hearing a contempt petition, wherein it was submitted that the petitioner in question was placed under suspension under Section 38(4) of the Rajasthan Panchayati Raj Act, 1994, in February 2024. This order was stayed by the Court on March 19, 2024, following which the State preferred a special appeal, which was also dismissed in April 2024

After exhausting this remedy, the State should have issued necessary order for reinstatement of the petitioner. However, no action was taken to this effect, till the time a No Confidence Motion was passed against the petitioner in August 2024.

After aligning itself on these facts, based on the material placed on records, the Court said:

“Whether the State authorities can sit over the Court's order for a long time without either making sincere efforts for its implementation or availing any appropriate remedy available to them under law so as to challenge the order of the Court and seek order in their favour. This country is the democratic state where governance is in the hands of elected public representatives and such elected representative have fixed term of their office. an elected representative is kept out of his office even though there is an order of Constitutional Court in his favour because of inaction on the part of the officers of the State, needs to be dealt strictly.”

In this background, to ascertain whether the State's inaction was deliberate or malafide, the Court directed the concerned State authorities to filed separate detailed explanations on the efforts taken for implementation of the order or challenging the same before higher forum, within 2 weeks.

The matter has been listed on October 6, 2025.

Title: Himanshu v State of Rajasthan

Click Here To Read/Download Order