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1985 Supreme(Raj) 850

N.M.KASLIWAL
T. C. Jain – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - The case of the petitioner is that he was elected as Sarpanch of Gram Panchayat, Phagi District Jaipur in the elections held in the month of December, 1981. After the election of the petitioner as Sarpanch in December, 1981, he was continuously holding the said post of Sarpanch. The case of the petitioner further is that he belongs to Bhartiya Janta Patty and the ruling party in Rajasthan belongs to Congress T. In the month of January, 1983, the petitioner was suspended on some illegal charges under Section 17(4) of the Rajasthan Panchayat Act, 1953 (here in after referred to as 'the Act'). The petitioner filed a writ petition No. 175/83 and challenged the above order of suspension and on a stay petition moved in that case a stay order was also granted in favour of the petitioner. Subsequently, the order of suspending the petitioner was withdrawn by the State Government itself and as such the said writ petition was also withdrawn by the petitioner. The petitioner thereafter came to know that the Under Secretary (Inquiry) Village Development and Panchayat Rajasthan, Jaipur, (respondent No. 2) was going to pass an order under Section 17(4) of the Act suspending the peti








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