KALYAN DUTTA SHARMA, C.J - This is a petition under Article 226 of the Constitution of India by one Om Prakash against the State of Rajasthan and Shri Ram Prasad. Sarpanch, Gram Panchayat, Jogiwala, District Sri Ganganagar, for issuance of a writ of certiorari or any other appropriate order or direction for quashing the order dated September 21, 1979, by which the suspension order passed against Ram Prasad, Sarpanch, non petitioner No 2. was revoked, while keeping in tact the inquiry pending against him, and for issuing a writ, order or direction declaring section 14 (4) (A) of the Rajasthan Panchayat Act, hereinafter referred to as the Act, ultra-vires to the extent of passing orders for reinstatement or revoking suspension order.

2. The relevant facts giving rise to this petition are narrated, in brief, as follows :—

3. Ram Prasad, non-petitioner No. 2, is the Sarpanch of Gram Panchayat, Jogiwala, District Sri Ganganagar. Criminal cases and enquiries under the Rajasthan Panchayat Act were instituted and made against him in several matters. Investigation is going on in a case of embezzlement against him and he is said to have been guilty of so many types of omissions and commissions

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