( 1 ) ). THIS Special Civil Application under Art. 226 of the constitution of India has been filed seeking direction to quash the order dated 28- 10-1995 passed by the Addl. Development Commissioner, State of Gujarat, whereby he set aside the order passed by the respondent No. 2 District Development Officer, mehsana suspending the respondent No. 3 Akbarbhai Rahimbhai Momin from the office of Sarpanch under the provisions of Sec. 59 (1) of the Gujarat Panchayats act, 1993.

( 2 ) THE short facts of the case are that the petitioner lodged First Information report at Sidhpur Police Station on 20-2-1995 stating inter-alia that on the said day the respondent No. 3 alongwith about 7 persons arrived on the spot armed with dharia and other weapons and attacked on him and others. It is also stated that respondent No. 3 Sarpanch inflicted injuries on his person. On this information, the police registered a case against the respondent and others for offence under sec. 147, 148, 149, 324, 323, 504 and 506 (2) of I. P. C. As the respondent No. 3 was holding the office of Sarpanch, the proceeding under Sec. 59 (1) of the Gujarat panchayats Act, 1993 (hereinafter referred to as "th