P.C. Jain, J. - (1.) SHEO Ram has filed this petition under Articles 226 and 227 of the Constitution of India for the issuance of an appropriate writ, order or direction, quashing the order of the Deputy Commissioner, Gurgaon, Respondent No. 2, dated 25th June, 1969 (copy Annexure 'A -4' to the petition).
(2.) BRIEFLY the facts as given in the petition are that the Petitioner was elected as Sarpanch, Gram Panchayat, Budhera, in 1964. Respondent No. 4 Om Parkash, before the Petitioner's election as Sarpanch, was the Sarpanch of Gram Panchayat, Budhera, and is a personal and close friend of Respondent No. 5, Shri K. L. Poswal. He (Respondent No. 4) again contested the election against the Petitioner but did not succeed. Certain allegations of mala fides have been made in the petition but it is not necessary to state those allegations. It is stated that certain enquiry was started against the Petitioner and he was called by the Assistant Director of Panchayats. The Petitioner attended the enquiry and according to the averment made in the petition, the Assistant Director was satisfied that no illegality had been committed by the Petitioner. However, the Petitioner received a show -cause notice dated 23rd April, 1969, levelling certain charges against him and stating as to why action under Section 102(2) of the Gram Panchayat Act, 1952 (hereinafter referred to as the Act) should not be taken against him, (copy Annexure 'A -2' to the petition). A reply was sent by the Petitioner, a copy of which is Annexure 'A -3' to the petition. Thereafter the impugned order was passed by Respondent No. 2, the legality of which has been challenged by way of this petition.
(3.) SEPARATE written statements have been filed by Respondents 2. 4 and 5, in which material allegations made in the petition have teen controverted.;