R.A. Sharma, J. - (1.) Petitioner, who claims to be a Pradhan of a Gaon Sabha, was suspended by an order dated 16-9-1993 passed by prescribed Authority under Section 95 (1) (gg) of the Q. P. Panchayat Raj Act (hereinafter referred to as the Act), during pendency of proceeding under Section 95 (1) (g) of the Act for his removal. Against this order petitioner filed a revision, along with stay application before the Commissioner. Thereafter he filed a writ petition before this Court with the following prayers : "(a) to issue a writ, order or direction in the nature of a writ a certiorari calling for the record of the case and quashing the impugned order dated 16-9-1992 passed by the respondent No. 4 (Annexure IV). (b) to issue a writ, order or direction in the nature of a writ of mandamus commanding the respondents not to enforce the impugned order dated 16-9-1993 passed by the respondent No. 4 on any ground and in any manner whatsoever ; (c) to issue a writ, order or direction in the nature of a writ of ad interim mandamus staying the operation of the impugned order dated 16-9-1993 passed by the respondent No. 4 (Annexure IV including all proceedings preceding and consequent thereto ; (d) to issue any order suitable writ, order or direction which this Hon'ble Court may deem just and proper in the circumstances of the case ; (e) to award the costs." By the above writ petition he challenged the order of suspension dated 16-9-1993, passed by the prescribed Authority and further prayed for interim mandamus staying the operation of that order. This writ petition was disposed of by this Court on 6-10-1993 on the ground that it is not a lit case for interference under Article 226 of the Constitution of India, as the petitioner has filed a revision before the Commissioner, Allahabad, which is still pending. However, the Court directed the Commissioner to decide the stay application of the petitioner, filed before him, within certain specified time. The Court also granted an interim order staying the prosecution of the petitioner during the pendency of revision before the Commissioner. The Commissioner has now, on 6-12-1993, rejected the stay application of the petitioner, but has directed for calling of the file from the lower court and for fixing of an early date for hearing of the revision. Thereafter petitioner has filed this writ petition with the following prayers : (a) to issue a writ, order or direction in the nature of a writ of certiorari calling for the record of the case and quashing the impugned orders dated 16-9-1993 Annexure IV and order dated 6-12-1993 Annexure VI to the writ petition, to the extent it is against the petitioner passed by respondent Nos. 4 and 2. (b) to issue a writ, order or direction the nature of a writ of mandamus commanding the respondents not to give effect, implement the impugned order dated 16-9-1993 Annexure IV passed by the respondent No. 4 against the petitioner on any ground and in any manner whatsoever, till decision of the revision pending before the respondent No. 2. (c) to issue a writ, order or direction in the nature of a writ of ad interim mandamus staying the operation of the order of the respondent No. 4 dated 16-9-1993 pending decision of the petitioner's revision before the respondent No. 2 and this writ petition in this Hon'ble Court. (d) to issue any other suitable writ, order or direction which this Hon'ble Court may deem just and proper in the circumstances of the case." (e) toward the costs."
(2.) In this writ petition the petitioner has prayed for quashing of the order of his suspension dated 16-9-1993 as well as order dated 6-12-1993, passed by the Commissioner, rejecting the stay application. Further prayer for mandamus directing the respondents not to implement the order of suspension dated 16-9-1993. Interim mandamus staying the operation of order dated 16-9-1993 during pendency of the revision, has also been requested for.
(3.) I have heard learned Counsel for the petitioner and learned Standing Counsel.;