JAGAT NARAYAN, J.—This is a petition under Art. 226 of the Constitution challenging the retirement proceedings held by Shri Karnail Singh respondent No. 6 at which the two petitioners Hariram and Hazariram, members of Sadhasar Nyaya Panchayat, were retired. The petition has been contested on behalf of Gadh Singh and Begaram respondents Nos. 4 and 5 who are the remaining Nyaya Panchas.

2. Sec. 27G(7) of the Rajasthan Panchayat Act lays down that as nearly as possible, one-third of the members of a Nyaya Panchayat shall retire by rotation, as soon as may be, on the expiration of every second year in accordance with rules made in that behalf by the State Government. The following rules of the Rajasthan Panchayat and Nyaya Panchayat Election R. 1960 are relevant in this connection—

R. 64. When members of a Nyaya Panchayat to retire—(1) ..................

(2) The Deputy District Development Officer shall, every second year, determine the number of members of a Nyaya Panchayat that shall retire upon the expiry of that year as provided in sub-sec. (7) of sec. 27C.

R 65. Meeting for determining members of Nyaya Panchayats to retire first—(1) Before the expiration of two years from the date of

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