Lodha, J. - (1.) By order dated September 7, 1979, learned single Judge of this Court has referred the following question :- "Whether after coming into force of Rule 12 of the Rajasthan Panchayat and Nyaya Panchayat (General) Rules, 1961, disqualification under Section 17 (2) of the Rajasthan Panchayat Act (No. XXI of 1953) is not automatic and the seat of a particular Panch becomes vacant when a declaration is made under Rule 12 (4) of the aforesaid Rules"? On the above reference having been made, the Hon'ble Chief Justice by order dated 19th October, 1979, has directed that it should be considered and decided by this Bench.
(2.) The facts leading to this reference have been given in detail in the order of reference and, therefore, need not be repeated. It would be sufficient to mention that Gandharb Sain, a Panch of village Panchayat 16BB district Ganganagar, has filed the writ application for getting the resolutions of the Gram Panchayat D/- 28-7-78, 14-8-78. 28-8-78 and the order of Addl. District Development Officer dated 18th of December, 1978 by which his seat has been declared vacant, quashed by a writ of certiorari under Article 226 of the Constitution of India. The petitioner's case is that he did not absent himself from 5 consecutive meetings of Gram Panchayat and the seat did not become vacant under the provisions of Section 17 (2) of the Act.
(3.) The order of the Addl. D. D. O., Ganganagar, dated 18th December 1978 (Annexure 4) declares the seat of Gandharb Sain as Panch vacant on the ground that he remained absent from the meetings of the Panchayat on 14-578, 28-5-78. 14-6-78, 28-7-78, 14-7-78, 28-7-78 and 14-8-78, in addition to the meeting dated 28-8-78. The Addl. D.D.O. also held that the notices of the meetings were duly given to the petitioner according to the rules and the plea of the Panch that Sarpanch has manipulated these false proceedings on account of enmity has not been proved.;