N. M. KASLIWAL, J.

( 1 ) THIS writ petition under Article 226 of the Constitution of India has been filed, challenging the order dt. 8th April, 1983, passed by Avar Sachiv (Janch) Gramin Vikas Evam Panchayati Raj Department, Rajasthan Jaipur, suspending the petitioner from the post of Sarpanch, Gram Panchayat Memasar, Panchayat Samiti Sri Dungargarh, District Churu. The petitioner was elected Sarpanch of the above-mentioned Panchayat on 10th December, 1981.

( 2 ) THE case of the petitioner is that on a complaint filed by one Dana Ram Choudhary, a challan has been filed against the petitioner on 11th March, 1982. under Sections 467, 471, and 408 IPC in the Court of Chief Judicial Magistrate, Churu. In view of the aforesaid criminal proceedings lodged against the petitioner, the State Government has suspended the petitioner under Section 17 (4a) of the Rajasthan Panchayat Act, 1953 (hereinafter referred to as the Act ). The short controversy raised by the petitioner in this writ petition is that under Section 17 (4a) of the Act the State Government could have suspended the petitioner only when criminal proceedings in regard to an offence involving moral turpitude were pendi