Sunil Kumar Garg, J.-The petitioner has filed the present writ petition under Article 226 of the Constitution of India on 11.03 against the respondents with a prayer that by an appropriate writ, order or direction the order of suspension dtd. 110.2003 (Annex.P/l) passed by the respondent No. 1 (State of Rajasthan through the Secretary, Panchayati Raj Department, Jaipur) under Section 38 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as the Act of 1994) be quashed and set aside as on that date no criniinal proceedings were pending against the petitioner.

2. The facts of the case as put forward by the petitioner are as under: i) That the petitioner was elected as Sarpanch of Gram Panchayat Mozpura, Panchayat Samiti, Asind in the general elections held in January, 2000.

ii) Further case of the petitioner is that due to political rivalry, a report was lodged against the petitioner in the Police Station Badnaur, Dist. Bhilwara and the basis of that report, a FIR (Annex.Rl5) was regis- tered for offence under Sections 406, 420, 467, 468 and 471 I.P.C. against the petitioner and some other persons and later on challan was filed against the petitioner and some