KUDAL, J.—This special appeal is directed against the judgment of the learned Single Judge dated 2nd November, 1977, whereby the Civil Writ Petition filed by the appellant was dismissed.

2. The brief facts of the case, which are relevant for the disposal of this special appeal, are that the appellant was the Sarpanch of the Gram Panchayat Bahel. He was removed from the office of the Sarpanch by the State Government vide order dated 26th February, 1977, under the provisions of Section 17 (4) of the Rajasthan Panchayat Act, 1953 (hereinafter referred to as the Act.)

3. Certain complaints were made against the appellant on the basis of which the following charges were framed against him:—

1- Jh lR;ukjk;.k ljiap xzke iapk;r igsy iapk;r lfefr eq.Mkoj dk tcjnLrh ls efUnj Jh ukjflag th egkjkt dks cUn dj fn;k gSA iqtkjh dh eka th efUnj esa jgrh Fkh mldks ckgj fudky fn;k rFkk u fdlh xzke oklh dks nkZu djus tkus nsrk gS vkSj efUnj ds vUnj tkus ij xkyh nsrk gSA

2- Jh lR; ukjk;.k lajiap xzke iapk;r igsy iapk;r lfefr eq.Mkoj xzke dh xjhc turk dh xk;ksa dks tcjnLrh dkth gkml esa cUn dj jsV ls vf/kd :i;s olwy dj de :i;k dh jlhn nsdj iapk;r es xcu dj jgk gSA

3- Jh lR;ukjk.k ljiap leLr igsy dh turk dks ijskku djrk gS /kefd;ka nsrk gS ,oa ekjrk ihVrk gSA bl izdkj lkjs xkao dks vkrafdr dj jgk gSA

4- Jh lR;ukjk;.k ljiap leLr igsy dh turk dks ijskku djrk gSA /kefd;ka nsrk gS ,oa nLrkostksa dks QkM+ nsrk gSA

5- Jh lR;ukjk.k ljiap xzke iapk;r igsy xzqilfpo dks ekjihV dj Qjth dk;Zokgh djrk gSA

4. An enquiry in to these charges were made by the Assistant Secretary (Enquiry), Panchayat and Community Development Department Rajasthan, Jaipur. It is said that according to his report charge No. 1 was not proved against the petitioner and thus dropped. In the Preliminary report, it was held that the charges No. 2 to 5 were proved against the appellant. The contention of the appellant was that during the course of the enquiry, the Enquiry Officer did not afford him any opportunity to submit his defence after the evidence was re opened and the evidence of Babulal and Shive Lal recorded behind his back, and he was not given an opportunity to cross examine these witness. The State Government after taking into consideration the entire material, namely registers, minutes books of of the Gram Panchayat, books relating to the cattle pond and other material placed by the petitioner, came to the conclusion that none of the allegations, as aforesaid, are found proved against the appellant. In view of this, the enquiry proceeding against the appellant were closed by the State Government by its order dated 22nd May, 1975, drawn on the order-sheet. An order to this effect was issued on 7th June, 1975, a copy of which has been produced along with the writ petition as Annexure-P/1. Non-petitioner No. 3 Babulal moved a review petition on 3rd September, 1975, under Section 70-B of the Act. On receipt of a copy of the review petition, the appellant submitted his reply on 26th August, 1976. The contention of the appellant was that the review petition contained allegations which were wholly irrelevant with regard to the scope of the enquiry conducted under Section 17 (4) of the Act, and had no relevancy with the charge levelled against the petitioner. It wa3 also contended that certain allegation made by the non-petitioner Babu Lal were the subject-matter of a writ petition before this Court. It was further contended that S.B. Civil Writ Petition No 708/1973, Satya Narain Vs. Munsif, Kishangarhbas & Others, is already pending before this Court with regard to the matters arising out of the election petition. The other matters with regard to the encroachment on the tend of Gram Panchayat made by Babu Lal is already sub-judice before this Court in S. B. Civil Writ Petition No. 1702 of 1973, Gram Panchayat Pahel vs. Collector Alwar and others. The State Government vide order dated 26th February, 1977 reviewed its previous order dated 7th June, 1975, and ordered the removal of the appellant

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