ORDER :

The present writ petition has been filed by the petitioner challenging the order dated 16.06.2021 whereby the petitioner, has been placed under suspension on the post of Sarpanch, Gram Panchayat, Gola Ka Bas, Panchayat Samiti Rajgarh, District Alwar and order 16.06.2021, whereby an inquiry has been initiated against the petitioner under sub-rule (2) of Rule 22 of Rajasthan Panchayati Raj Rules, 1996 (in short ‘Rules of 1996’).

2. Counsel for the petitioner submitted that petitioner was elected Sarpanch in the year 2020 and due to political rivalry, son of the defeated candidate, lodged an FIR No.103/2021 at police station Tahela, District Alwar under Sections 143, 454 and 307 IPC & Section 3/25 of the Arms Act.

3. Counsel submitted that the said FIR was a counterblast, as the family members of the petitioner had lodged an FIR No.101/2021 at police station Tahela, District Alwar under Sections 143, 323, 341 and 427 IPC.

4. Counsel submitted that the suspension order dated 16.06.2021 has illegally been passed by the respondents as criminal proceeding, against the petitioner, is not pending trial in any Court and only on the basis of lodging of an FIR & investigation thereon, the