LAXMAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred the present writ petition claiming the following reliefs:-

(2.) The core fact of the matter is that the petitioner is an elected Sarpanch of Gram Panchayat of Gundau, Panchayat Samiti Sanchore, District Jalore for the period of 2015 to 2020. The petitioner has challenged the suspension order dtd. 20/5/2019 which reads as follows :-

(3.) Learned counsel for the petitioner submits that the mandate of Sec. 38 Sub-sec. (iv) of the Panchayati Raj Act, 1994 requires two conditions i.e. one an inquiry must have been initiated against the present petitioner or any criminal proceeding in regard to an offence involving moral turpitude was pending trial in the court of law against such elected person.