ORDER :

1. Petitioner is an elected Member of Jila Panchayat Kabirdham. Respondent No.4 submitted an application under Section 40 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short 'the Adhiniyam 1993') pleading therein that number of criminal cases are registered against the petitioner including FIR for the offence defined under Section 153A of the Indian Penal Code, which relates to promoting enmity between different groups on grounds of religion race, etc. and doing acts prejudicial to maintenance of harmony between different religions, racial, languages etc. and cause adverse effect in the society. On account of acts and registration of criminal cases, petitioner has committed misconduct in discharge of his duties and therefore, his continuance in the office is undesirable in the public interest. After receipt of show-cause notice, petitioner initially submitted preliminary objection with regard to maintainability of proceeding under Section 40 of the Adhiniyam, 1993, which came to be dismissed, and thereafter petitioner submitted reply to application submitted under Section 40 of the Adhiniyam, 1993. Immediately after submission of reply to notice under Section 40 of