This writ petition has been filed by Rajesh Devi, an elected Sarpanch of Gram Panchayat Majra, Panchayat Samiti Bansoor, challenging order dated 13.01.2017, whereby the Divisional Commissioner, Jaipur, while invoking provisions of Section 38(4) of the Rajasthan Panchayati Raj Act, 1994, has placed her under suspension from the office of Sarpanch on account of a criminal case for offence under Sections 420, 466, 468 and 471 of the Indian Penal Code (for short, ‘the IPC’) pending trial against her in the court of Judicial Magistrate, Bansoor, District Alwar.

2. Facts of the case, as averred in the writ petition, are that petitioner won election with comfortable margin of 36 votes by defeating his rivals, who made a complaint against her, not only to the Government but also lodged first information report with the Police Station alleging that the petitioner has contested the election of Sarpanch on the basis of forged certificate of 8th standard pass. Charge-sheet was issued to the petitioner by the Divisional Commissioner calling upon her to explain the said allegations. The petitioner submitted reply to the same, wherein, relying on a judgment of full bench of this court in Sa