ISHARDAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition, the petitioner, Ishard as has prayed for an appropriate writ, order or direction to quash the order (Annex-3) dated 27th February, 1986, passed by the State of Rajasthan.

(2.) THE petitioner is a Panch of Gram Panchayat, Deevali in district Alwar, hereinafter referred to as the Gram Panchayat'. Respondent No. 3, Shri Hargobind had been elected as Sarpanch of the said Gram Panchayat. THE Gram Panchayat by its resolution dated 7th December, 1985. declared the seat of Shri Hargobind vacant under Section 17 (2) of the Rajasthan Panchayat Act. 1953 (hereinafter referred to as 'the Act') on the ground that he had absented himself from five consecutive meetings of the Gram Panchayat without giving information in writing. THEreafter, the matter was considered by the Additional District Development Officer, Alwar, in accordance with the provision of Rule 12 of the Rajasthan Panchayat and Nyaya Panchayat (general) Rules 1961 (hereinafter referred to as the Rules') and the Additional District Development Officer passed the order (Annex-2) dated 6th February, 1986, whereby he dece-ored the seat of Shri Hargobind as vacant under Section 17 (2) of the Act. This case of the petitioner is that, thereafter, he has been discharging the function of Sarpanch of the Gram Panchayat. THEreafter Hargobind submitted a revision petition before the State Government under Section 27a (1) of the Act and in the said petition, the State Government has passed the order (Anhex-3) dated 27th February, 1986, whereby the operation of the order dated 6th February. 1986, passed by the Additional District Development Officer has been stayed till further orders. Feeling aggrieved by the aforesaid order of the State Government dated 27th February, 1986 petitioner has filed this writ petition.