2004 Supreme(Raj) 1387
SUNIL KUMAR GARG
Shanti Lal – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Petitioner:Pradeep Shah, Advocate.
For the Respondents No. 1 and 4: D.D. Kalla, Dy. G.A.
For the Respondent No. 5: None Present.
JUDGMENT
1. - This writ petition u/Arts. 226 & 227 of the Constitution of India has been filed by the petitioner against the respondents on 24.9.2002with the prayer that by an appropriate writ, order or direction, the orders Annex. 7 dated 16.7.2002 passed by the respondent No. 2-Divisional Commissioner, Jodhpur by which all the seven charges levelled against the petitioner were found proved and the petitioner was ordered to be declared unfit and the Vikas Adhikari, Panchayat Samiti, Bali (respondent No. 4) was directed to get the pattas, which were issued by the petitioner, cancelled, and Annex.8 dated 29.8.2002 passed by the respondent No. 2-Divisional Commissioner, Jodhpur by which the petitioner was declared unfit to hold the post of Up-Sarpanch, Gram Panchayat Bhandar under the provisions of Secs. 19/38/39 of the Raiasthan Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act of 1994') be quashed and set aside.
2. The case of the petitioner as put forward by him in this writ petition is as follows :
The petitioner was elected as Upsarpanch of Gram Panchayat Bhandar, Panchayat Samiti, Bali District Pali in the last panchayat election held in the year 2000.
On 1.9.2000, a c
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