- (1.) BY THE COURT-This writ petition has been filed challenging the order of suspension of the Sarpanch during the pendency of the criminal proceedings instituted against the petitioner Shri Kewalsingh.
(2.) THE contention of the petitioner is that he has been suspended vide order Annexur-2 dated 2. 5. 1990. When he was placed under suspension, no change against him for the offences involving moral turpitude was framed and, there fore, such a suspension is illegal in view of the Division Bench decision of this Court in Banshidhar Soni vs. State (l), where in it has been held that no charge was framed and the order of suspension was passed by the Govt. by invoking its powers under S. 17 (4r) of the Rajasthan Panchayat Act. Such a suspension was held to be illegal and observed that unless a charge is framed, it cannot be said that any case is pending trail a against the petitioner-Sarpanch before a Magistrate. It was also contended that S. 17 (4-A) of the Rajasthan Pancha at Act is ultra vires. Actually, the vires of this section challenged before a Division Bench and its validity has been upheld by a Division bench decision of this Court in Bajranglal vs. State (2 ). This case came up before this Division Bench only because the vires of Sec. 17 (4-A) of the Rajasthan Panchayat Act were under challenge and we were incarned to sent the case to the learned single Judge for its decision but view of the agreed submission made by both the parties that the earlier suspension. may be revoked and the State Govt. may be given opportunity, to issue any fresh order with regard to these suspension of the petitioner Sarpanch keeping in view of the facts and circumstances of this case. We are not inclined to send this case to the S. B.) It was brought to the notice of the Courts by Mr. Sharma that in this case, charge has already been framed against the petitioner involving the offence of moral turpitude. Having heard both the parties, we are inclined to hold that the writ petition must succeed and the order of suspension Annexure-2 dated 2. 5. 1990 deserves to be quashed with a Further direction that the Govt. will be free to pass any further order with regard to the suspension of the petitioner Sarpanch Keeping in view all the facts and circumstances of this case. Accordingly, this writ petition succeeds and the order Annexure-2 suspending the petitioner from the post of Sarpanch, Gram Panchayat Karadwala Tehsil Sadulsahar, District Sri Ganganagar is set aside and quashed with this observation that the State Govt. will be free to pass any appropriate order as regards the suspension of the petitioner Sarpanch keeping in view all the facts and circumstances of this case. This writ petition stands disposed-of accordingly. .;