Instant special appeal has been preferred against order of the learned Single Judge dated 17.2.2016.

2. The substantial question raised in the batch of writ petitions was whether the Chairperson/Members of the Panchayati Raj Institutions can be removed, proceeded against in an enquiry u/sec. 39 of the Rajasthan Panchayat Raj Act, 1994 read with Rule 23 of the Panchati Raj Rules, 1996 and/or suspended u/sec. 38(4) of the Act 1994 in respect of pre-election disqualifications. Keeping in view the Full Bench judgment of this court in the case of Smt. Sameera Bano v. State of Rajasthan 2007 (2) RLW 1674, the batch of writ petitions came to be disposed of by the learned Single Judge and observed ad infra :-

"The petitions are accordingly allowed. The enquiry under Section 39 of the Act of 1994 read with Rule 23 of the Rules of 1996 and suspension of elected members for allegations of pre-election disqualification under Section 38(4) of the Act of 1994 except where charges have been framed for offences of moral turpitude are quashed.

It is however clarified that the State Government however would be free, if warranted in specific cases, to conduct only a fact finding enquiry for ta