MAHADEV PRASAD YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition under Art. 226 of the Constitution was filed by the Mahadev Prasad challenging the order dated March 31, 1990 of the State Government by which suspension of respondent no. 5 (Madan Singh) from the office of Sarpanch, Gram Panchayat, Jaisinghpura Tehsil Virat Nagar, Jaipur, passed under Section 17 (4-A) of the Rajasthan Panchayat Act, 1953 (hereinafter referred to as the Act') was recalled.

(2.) SUB-section (4-A) of Section 17 of the Act reads as under : " The State Government may suspend any Panch, Sarpanch or Upsar-panch against whom an enquiry has been started under sub-section (4) or the proviso thereto or against whom any criminal proceeding in regard to an offence involving moral turpitute is pending trial in a court of law, and debar him from taking part in any act or proceeding of the Panchayat within under such suspension. "

(3.) FROM the nature of the order contemplated by sub-section (4-A) it is clear that the State Government can recall it at any time when it is thought that interest of the institution did not need its continuation. Suspension order can be snapped on being recalled by the State Government and, as stated above, it is temporary in nature.