KEWAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) 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 Annexure -2 dated 2.5.1990. When he was placed under suspension, no charge against him for the offences involving moral turpitude was framed and, therefore, such a suspension is illegal in view of the Division Bench decision of this Court in Banshidhar Soni v. State 1988 (1) WLN -270 wherein it has been held that no charge was framed and the order of suspension was passed by the State Govt, by invoking its powers Under Section 17 (4A) of the Rajasthan Panchayat Act. Such a suspension was held to be illegal and it was observed that unless a charge is framed, it cannot be said that any case is pending trial against the petitioner -Sarpanch, before a Magistrate. It was also contended that Section 17 (4 -A) of the Rajasthan Panchayat at Act is ultravires. 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 v. State 1981 RLW 355 This case came up before this Division Bench only because the vires of Section 17 (4 -A) of the Rajasthan Panchayat Act were under challenge and we were inclined to send the case to the learned single Judge for its decision but in 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 of the petitioner -Sarpanch keeping in view the facts and circumstances of this case. We are not inclined to send this case to the S.B.

(3.) HAVING heard both the parties, we are inclined to held 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.