CHHOGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE writ petitioner -appellant was a Sarpanch of Gram Panchayat Bakaliya, Tehsil Ladnu, District Nagaur. There were two fold charges against him of having abused his position as a Sarpanch and a proceeding was taken against him by the State Government under the provisions of Section 17(4) of the Rajasthan Panchayat Act, 1953. The first charge was that a piece of agricultural land measuring 5 bighas was gifted to the Panchayat by one Rupa Ram for common use. This piece of land without being converted was given by way of pattas treating it as Abadi land and thus, the apposite Rules were violated and the writ petitioner -appellant misused his position as a Sarpanch. The second charge against him was that the land which was meant for common use and was received as a gift in the shape of agricultural land was given by way of pattas, violating the terms and conditions of the gift deed.

(2.) THE defence inter -alia of the writ petitioner -appellant was that he might have tabled a particular resolution before the Gram Panchayat, but then the resolution was taken by the entire Gram Panchayat as a whole and he had no specific role to play in the matter. There is no such allegation that the beneficiaries under such settlement as resorted to by the Gram Panchayat were his own kinsmen or his caste men or that the writ petitioner -appellant reaped any personal benefit out of such settlement effected by the Gram Panchayat.

(3.) ADMITTEDLY , there was an enquiry against the writ petitioner -appellant, in which he was found guilty of disgraceful conduct and, as such, he has been removed. As the Statute has now been replaced by the Rajasthan Panchayati Raj Act, 1994, Section 38 becomes relevant for our purpose. Under the provisions of Section 38 also, the State Government may, by order in writing and after giving him an opportunity of being heard and making such enquiry as may be deemed necessary, remove from office any member including a chairperson or a deputy chairperson of a Panchayati Raj Institution, who refuses to act or becomes incapable of acting as such or is guilty of misconduct in the discharge of duties or any disgraceful conduct. It has been admitted by Mr. K.L. Jasmatia, learned Additional Advocate General appearing for the State in this matter that there is no definition of 'disgraceful conduct' given in either of the Statutes.