RAM PRASAD SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition under Article 226 of the Constitution, the petitioner has prayed for setting aside the order dated 7.1.1969 by the Government of Rajasthan whereby it was directed that the amount of Rs. 1000/ -, advanced to the respondent No. 4 Keshavdeo Sarpanch, Panchayat Samiti Bichpuri may not be recovered from him, nor any action be taken against him, under the Rajasthan Panchayat Act, 1953.

(2.) THE facts of the case lie within a very narrow compass. The respondent No. 4 Keshavdeo by virtue of being the Sarpanch, Panchayat Samiti, Bichpuri became a member of the Panchayat Samiti, Khandar. He also held the office of Chairman, Agricultural Standing Committee of the said Panchayat Samiti. On 6.1.1960 seven villagers of village Bichpuri made an application before the Panchayat Samiti Khandar for grant of aid of Rs. 1500/ - for construction of a well in Khasra Nos. 82, 83 and 84 and on this application Keshavdeo sanctioned an amount of Rs. 1000/ - on 9.1.1960. The petitioner's case is that as a matter of fact this application was moved by Keshavdeo himself and the signatures purporting to be of the villagers thereto were forged by Keshavdeo It is further alleged by the petitioner that Keshavdeo constructed the well in his own land and submitted false accounts in the Panchayat Samiti, in this connection.

(3.) THE petitioner's grievance is that since Keshavdeo was guilty of disgraceful conduct and had illegally managed to obtain a loan from the Samiti by abusing this office, he should have been removed as Sarpanch and the amount should have been ordered to be recovered from him.