( 1 ) ). The petitioner in Special Civil Application No. 412 of 1991 is Ramjibhai M. Patel, Sarpanch of Manud Gram Panchayat, Patan Taluka of Mehsana District. The petitioner in Special Civil Application No. 413 of 1991 is Shankarbhai N. Patel who is Upa-Sarpanch of said Gram Panchayat.

( 2 ) ). Both these petitions are directed against the order of suspension passed by the District Development Officer, Mehsana-the second respondent herein on 12-10-1987 under Sec. 51 (1) of the Gujarat Panchayats Act, 1961 (hereinafter referred to as the said Act ). The said order of suspension was challenged by the petitioner in each petition by preferring appeal to the Additional development Commissioner-the respondent No. 1 herein under Sec. 51 (3) of the said Act and said order of suspension is confirmed by the appellate authority by judgment and order, dated 29-12-1990.

( 3 ) ). Being aggrieved by the order passed by the Additional Development commissioner on 29-12-1990 confirming the order of the D. D. O. , dated 12- 10-1987, the petitioners have moved this Court under Art. 227 of the constitution of India.

( 4 ) ). Few facts giving rise to the present proceedings are required to be stated hereunder : (i) The petitioners in these petitions are duly elected Sarpanch and Upa- sarpanch of Manud Gram Panchayat. One Khodabhai Shankarbhai Patel who was Presiding Officer in the election of Taluka Panchayat filed a criminal complaint before the Police on 20-1-1987, inter alia, alleging that the sarpanch of the village and crowd of more than 100 persons have committed offences punishable under Secs. 171 (F), 511, 146, 353 and 506 of Indian penal Code. In the said F. I. R. it was alleged by the complainant that while he was in-charge of election booth of election of Patan Taluka Panchayat at village Manud at 3. 45 p. m. one woman presented herself and applied for ballot paper. At that time it was found that on her finger just immediate to the left thumb there was a mark indicating that she had exercised her vote, and thereupon the complainant and other officer who was supervising the election stated to the said woman that to exercise vote in the name of other person was an offence and when she has already exercised her right to vote, she should say the truth. The woman insisted that she has not exercised right to vote at that election and upon verification it was found that she had already exercised her right to vote and had also cast her vote and she thereupon admitted that she had already exercised her right to vote. Thereupon the ballot paper which was issued to her was taken back from her. It was at this juncture, that the Sarpanch of Manud Gram Panchayat came to the polling booth and threatened the complainant (Polling officer) and forcibly caused the escape of said woman from the polling booth. He, thereafter took Babubhai Patel a candidate at the said election out of the polling booth and at that time crowd of more than 100 persons committed assault. Accordingly, the said polling officer filed F. I. R. on that very day before P. S. I. , Patan. It appears that the P. S. I. , Patan had, thereafter, undertaken investigation in said Cr. Reg. No. 12 of 1987 and he had submitted his report to the D. D. O. , Mehsanasecond respondent herein on 20-2-1987. By the said report the P. S. I. , Patan had reported to the D. D. O. , Mehsana that the Sarpanch and Upa-Sarpanch of Manud Gram Panchayat were involved in Cr. Reg. No. 12 of 1987 for offences punishable under Secs. 147, 353, 171 (F), 332, 506 (2), 511 and 379 of Indian Penal Code read with Secs. 28 and 29 of Gujarat Panchayats Act, 1961. He further reported that one woman, namely, Rasilaben Nitinkumar patel tried to cast bogus vote and she was actually caught while attempting to practise impersonation. At that time, Sarpanch and Upa-Sarpanch of Manud gram Panchayat formed unlawful assembly and committed attacked on polling booth and even caused injuries to the employees who were in-charge o