(1.) THIS is a writ petition under Art. 226 of the Constitution by one Maghraj, who was a Sarpanch of Gram Panchayat, Meetari. By it he challenges the validity of the Government order dated 28-7-66, whereby under the provisions of s. 17 (4-A) of the Rajasthan Panchayat Act, 1953 (hereinafter to be referred to as 'the Act'), certain findings were recorded against him in respect of certain acts of misconduct alleged to have been committed by him when he was a Sarpanch of the panchayat during its previous tenure in the year 1961. He also questions the validity of a consequential order passed by the Government on 28-10-1966, restraining him from functioning as a Sarpanch.
(2.) THE relevant facts on which the writ petition is founded are briefly these. THE petitioner was elected as Sarpanch of the Gram Panchayat first in the year 1961, and after the term of the panchayat came to an end, he was again elected in the year 1965 as a Sarpanch. While he was working as a Sarpanch second time, he was faced with an enquiry under s. 17 (A-4) of the Act. He was served with a charge sheet on 10-11-1965. In pursuance thereof, the petitioner submitted his reply denying the charges and then an enquiry was hold against him and on 28-7-66, an order was passed, under the proviso to sub-sec. 4 of sec. 17 of the Act, that the petitioner would be disqualified to hold any office under the Act for the next three years. Subsequently, on the basis of that finding, an order was passed against him whereby he was forbidden to function as a Sarpanch and the Government declared his seat vacant.