( 1 ) IN this petition under Articles 226 and 227 of the Constitution of India the petitioner challenges the order at Annexure P dated 7 September 1964 removing the petitioner as Sarpanch and as a member of the Sayala Gram Panchayat and the order at Annexure R dated 8th September 1964 disqualifying him for a period of four years passed by respondent No. 1 the District Development Officer as a delegate of respondent No. 2 the competent authority viz the Surendranagar District Panchayat. The petitioner has also challenged along with these two orders the resolution No. 3/11 dated 17th August 1963 delegating powers under sec. 49 of the Gujarat Panchayats Act 1961 hereinafter referred to as the Act to respondent No. 1.

( 2 ) THE short facts which have given rise to this petition are as under: The petitioner is elected Sarpanch of the Sayala Gram Panchayat hereinafter referred to the Panchayat from about December 1963. It appears that there was an audit objection in regard to the uniforms which had been given to the Panchayat sweepers as no relevant rules had been framed in that Connection. The said expenditure on uniforms incurred during the period from 1st April 1956 to 31st March 1962 was under audit objection. It is the case of the petitioner that he was directed by the Assistant Examiner of Local Authorities to recover the amount of Rs. 16. 00 for the uniform supplied to each sweeper failing which the said amount was ordered to be recovered from the petitioner Sarpanch personally. The sweepers having refused to accept the orders regarding the recovery of the said amount and as they disregarded the other orders and instructions of the Panchayat from time to time the petitioner issued show cause notices on 2nd March 1964 to these 11 sweepers to show cause why they should not be dismissed from service for wilful negligence and disobedience of the orders of the Panchayat. These notices were served individually on 3rd March 1964 and the inquiry was fixed on 8th March 1964 which was a Sunday and holiday for the Panchayat. It is the case of the petitioner that on 8th March 1964 the Upsarpanch along with the chairman of the P. W. D. Committee and the Education Committee and the Agricultural Production Committee and all the members present during the inquiry proceedings empowered him on 8th March 1964 for conducting the inquiry proceedings. The petitioner accordingly held ex-parte proceedings on 8th March 1964 as the sweepers had refused to accept the show cause notices and bad not remained present at the inquiry. thereafter the petitioner by the order dated 9th March 1964 dismissed these 11 sweepers. An extra-ordinary meeting of the Panchayat was called on 26th March 1964 which decided to terminate the services of these 11 employees giving them one months notice i. e. from 26th April 1964. It is the case of the petitioner that these sweepers against whom departmental proceedings were held were on strike from 9th April 1964 and they had not resumed work. The sweepers challenged the orders terminating their services in appeal under sec. 290 of the Act before respondent No. 1 who was duly delegated powers of the appellate authority in that connection. In the said appeal respondent No. 1 set aside the decision of the Panchayat incorporated in its resolution dated 26th March 1964 for termination of the services of these 11 sweepers and he ordered that all these 11 sweepers should be forthwith reinstated with continuity of their service with the Panchayat. This order was passed on 13th July 1964 and was communicated on the same day to the petitioner Sarpanch instructing him to implement it immediately The petitioner by his letter dated 16th July 1964 raised certain points for clarification. On 16th July 1964 the said clarification was given and the petitioner was directed to implement the decision of respondent No. 1 with immediate effect. On 18th July 1964 the petitioner informed respondent No. 1 that he was filing a writ pet