Judgment Lodha, J.-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 1 6BB 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 petition

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