Rajesh Balia, J. - (1.) HEARD learned Counsel for the appellants.
(2.) THE appellants challenge the order passed by the learned Single Judge allowing the writ petition filed by the respondent Madanlal. The petitioner Madan Lal was elected as Sarpanch of Gram Panchayat, Baseda, Panchayat Samiti Shahpura, Distt. Bhilwara in February, 2000. The petitioner was served with a notice dt. 28th September, 2001 calling upon him to explain that since he has contested the election of Sarpanch while the criminal case under Sections 325, 323 and 324 was pending consideration in the Court of Addl. Chief Judicial Magistrate, Shahpura at the time when he filed his nomination papers, he was ineligible to contest the election under Section 19(gg) of the Panchayati Raj Act, 1994. Thereafter, on 27th October, 2001 an order was issued by the Divisional Commissioner, Ajmer that because an enquiry under Section 39 read with Section 19 of the Act of 1994 is pending against the said Madanlal, he is suspended as Sarpanch with immediate effect and he was restrained from participating in any proceedings of the Panchayat.
(3.) AGGRIEVED with the order dt. 27.10.2001, the said Madanlal has preferred the Writ Petition No. 4259/2001, which has been allowed by the learned Single Judge by holding that during the pendency of hearing of notice under Section 39 of the Panchayati Raj Act, 1994 and before issuing any declaration under Section 39(2), the petitioner ineligible which will require him to vacate the office elected member of any Panchayati Raj Institution cannot be removed from the office temporarily by ordering suspension. The said judgment of the learned Single Judge is under appeal.;