Modi, J.—This is an application for writ by Gokulchand, Sar Panch of village. Panchayat Gangani, Tehsil Osian, District Jodhpur, under Art. 226, of the Constitution and raises an interesting question as to the interpretation of sec. 19 of the Rajasthan Panchayat Act (No. XXI) of 1953 (hereinafter called the Act). Learned counsel for both patties are agreed that the point is not covered by authority of this or any other Court.

2. It is necessary to state a few facts in order to appreciate the point in controversy. It is common ground between the parties that under Sec. 4 of the Act, this Panchayat consists of 10 members including the Sar Panch. The elections to this Panchayat were last held on the 17th December, 1959, as a result of which the petitioner was elected as Sar Panch and opposite parties Nos. 2 to 8 as Panchas. It is also not in dispute that . village Sewki constituted a part of this Panchayat and two Panchas were to be returned by it but the inhabitants of this village refused to go to the polls, for reasons which are not material for our purposes, so that two out of the ten seats assigned to this Panchayat have remained vacant. It then appears that the opposite parties N

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