( 1 ) THE petitioner who was an exofficio member of Bardoli Taluka Panchayat by virtue of his office as Sarpanch of village Ten Gram Panchayat has challenged by this petition the order of suspension of January 13 1977 passed by respondent No. 1 and confirmed in appeal by respondent No. 2 under sec. 51 (1)of the Gujarat Panchayats Act 1961

( 2 ) NO affidavit in reply has been filed on behalf of the respondents.

( 3 ) THE impugned order is challenged on the following grounds:-1 The order is void and ineffective since it is made by respondent No. 1 without giving any opportunity to the petitioner to make his submissions in that behalf and therefore it is against the principles of natural justice and fair play. 2 The condition precedent for passing the order of suspension namely institution of criminal proceedings in respect of the offence involving moral turpitude or detention in prison during the trial for the offence under the provisions of any law for the time being in force is not satisfied and therefore the Competent Authority namely respondent No. 1 herein has no jurisdiction power or authority to make the impugned order. 3 In any case of the impugned order was not