Rajasthan Panchayati Raj Act, 1994–Sec. 38(1)(b) r/w. 38(3)–Rajasthan Panchayati Raj Rules, 1996–Rule 22–Declaration of the petitioner disqualified from contesting or participating in election for a period of five years–Justification–For taking any action u/s. 38(1), the enquiry provided under Rule 22 is sine qua non–This procedure has not been followed–Only charge-sheet was served upon the petitioner, and after declaring his reply to be non-satisfactory, the impugned order was passed–Order cannot be allowed to be sustained.
