( 1. ) THE centroidal issue that emerges for consideration in this writ petition preferred under Article 226 of the Constitution of India is whether the respondent No. 1 is entitled under law to hold the post of Member of Jila Panchayat, Chhindwara though he was elected in the election held in December, 2004 from Ward No. 19 of Jila Panchayat, Chhindwara reserved for Other Backward Classes.

( 2. ) THE facts which are requisite to be stated for adjudication of this writ petition are that the petitioner is a resident of Ward No. 7 and his name finds place at Serial No. 407 of the voters list of Gram Markahand which comes under the Zila Panchayat, Chhindwara. The respondent No. 1 was elected as Sarpanch of Gram Panchayat, Navegaon Makaria in the year 1994. During his tenure the villagers made number of complaints to the Sub-Divisional Officer alleging that he has misappropriated the Government fund. An inquiry was made and a show-cause notice was issued by the Sub-Divisional Officer under Section 40 (b) of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (for brevity the Act ). The charges levelled against him were that he had got sanction of Rs. 10,000/- to ea