JUDGMENT - Tambe, J.

(1) The question that arises for consideration in this case is whether the petitioner who had been elected first as a member of the panchayat Samiti of Shahada under section 571 F. of the Maharashtra Zilla Parishad and panchayat Samiti act 1961 [here in after referred to has the act of 1961] and later on elected as the chairman of the said Samiti on 7-8-62, continues still to be a member of the said Samiti after 1-12-63and in the alternative, in spite of the fact that he has ceased to be a member of the said Samiti as and from that date, he is entitled to carry on as a chairman the current admissible duties as are prescribed by the rules. To appreciate the contentions raised, it is necessary to state certain facts. In her year 1959 a petitioner was initially elected to be a member of the group gram panchayat of the village Kalsadi in Shahada block. Later in the same year, he also became the Sarpanch of the said group gram panchayat. Under the act of 1961, the bodies constituted are Zilla Parishad and the panchayat Samiti. Section 56 off the act provides that for every block, there shall be a panchayat Samiti and the panchayat Samiti shall have all such houses as

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