BHANDARI, J.—This case has been referred by a Single Judge of this Court to a larger Bench as there is a divergence of judicial opinion in this Court on the point whether a Sarpanch of a Gram Panchayat is or is not removable from his office save by or with the sanction of the State Government.

2. The complainant Pukhraj had filed a complaint against Ummaidram and six others alleging that they had demolished the chabutri and the latrine over it on 12th of February 1958 between 9 and 10 A.M. and that the chabutri was on the land belonging to the complainant and the demolition of the chabutri and latrine had caused to the complainant the loss of Rs. 300/-. The complaint was for prosecuting the accused under Sections 451, 427 and 147 IPC. Ummaidram accused took the plea that he was acting as Sarpanch of the Gram Panchayat, Bilara, and he had directed the removal of the encroachment in that capacity in good faith. The trial magistrate discharged the accused. In his opinion no prima facie case was made out as Ummaidram acting as Sarpanch was discharging his duty as Sarpanch in widening the street. The learned magistrate further held that in view of section 79 of the Rajasthan Panchayat Ac

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