( 1 ) THE petitioner who was elected of a Sarpanch of demai Gram Panchayat in July, 1989 has challenged the orders passed under Secs. 49 (1) and 49 (3) removing him from the office of Sarpanch on the ground of the alleged misconduct.

( 2 ) A show cause notice was issued on the petitioner on 9/05/1991, a copy of which is at Annexure "j" to the petition under Sec. 49 (1) of the Act on seven charges mentioned therein which were levelled on the footing that though the panchayat had no power to levy toll it had passed a resolution initially on 2 9/03/1990 being resolution No. 14, to levy toll at the rate of Rs. 2. 00 and thereafter had passed another resolution No. 20 (1) dated 28/05/1990 for levying toll with effect from 1-10-1990 on animals carrying burden at the rate of 30 paise per day and thereafter again by resolution No. 4-2 dated 20/09/1990 the Panchayat resolved to give contract for collection of the toll so imposed pursuant to which ijara was given and therefore, petitioner had committed misconduct under Sec. 49 (1) of the Act. By an order dated 22nd October, i 992 passed by the District Development officer under Sec. 49 (1) of the said Act, it was held th