K.C. AGARWAL, C.J.—This petition under Art. 226 of the Constitution was filed by the Mahadev Prasad challenging the order dated March 31, 1990 of the State Government by which suspension of respondent no. 5 (Madan Singh) from the office of Sarpanch, Gram Panchayat, Jaisinghpura Tehsil Virat Nagar, Jaipur, passed under Section 17 (4-A) of the Rajasthan Panchayat Act, 1953 (hereinafter referred to as the Act) was recalled.

2. Sub-section (4-A) of Section 17 of the Act reads as under :

"The State Government may suspend any Panch, Sarpanch or Upsar-panch against whom an enquiry has been started under sub-section (4) or the proviso thereto or against whom any criminal proceeding in regard to an offence involving moral turpitute is pending trial in a court of law, and debar him from taking part in any act or proceeding of the Panchayat within under such suspension."

3. The State Government suspended respondent no. 5 by its order dated January 27, 1990 by expressing its prima facie view to the effect:

^^vr% Jh enuflga us xyr pfj= izek.k nsdj] ,oa vukf/k—r :i ls fu.kZ; ¼sic fuekZ.k½ dk;ksZa ij [kpZ dj ,oa xcu dj xaHkhj vfu;ferrk cjrh gSA vr% jkT; ljdkj ;g mfpr ,oa b"Vdj le>rh gS fd ljiap ds fo:) foHkkxh; tkap dk fu.kZ; gksus rd Jh enuflga ljiap mDr xzke iapk;r ds ljiap in ij u dksbZ dk;Z djks ,oa u gh fdlh dk;Zokgh esa Hkkx ysA

This order was subsequently withdrawn by the State Government on March 31, 1990 by observing that after re-examination of the entire matter pertaining to the respondent no. 5 the State Government arrived at the opinion that the order suspending respondent no. 5 be revoked with immediate effect, but departmental enquiry to continue.

4. The main contention raised by the petitioners counsel before Honble Mr. Justice D.L. Mehta was that the State Government had no power to revoke the order passed under sub-section (4A) of Section 17 of the Act. In support of this argument a decision, reported in Om Prakash V. State of Rajasthan (1) was cited before the learned Judge. The learned Judge expressed doubt about the correctness of that decision and referred the following question :-

"Whether a suspension order passed under the provisions of the Rajasthan Panchayat Act can be recalled by the State Government or not?"

5. Section 17 of the Act deals with vacation of seats by and removal of Panchas. Since we are not concerned with the details as to how is a Panch is removed it is not necessary for us to refer to those provisions. State Government derives power under sub-sec. 4-A of Section 17 of the Act for suspending any Panch, Sarpanch or Upsarpanch against whom an enquiry has been stated under sub-section (4), or the proviso thereto. Section 70B of the Act indicates a provision conferring power of review by State Government. This review is for a limited purpose of recalling the order passed under sub-section (4) of Section 17 or the proviso thereto. Sub-section (4)of Section 17 provides for a final order removing any Panch, Sarpanch or Upsarpanch on the grounds specified in clauses (a) and (b). If under sub-section (4) of Section 17 a decision has been taken for removal of a Sarpanch, the State Government can review such an order if the same was passed under mistake, whether of law or of fact; or in ignorance of any material fact.

6. There is no provision empowering State Government to review the order passed under sub-section (4-A) of Section 17. Legislature did not think it necessary to confer such power of review in case of suspension. As by its nature suspension a different than removal contemplated by sub-section (4) of Section 17. Removal is definite and final, where as suspension is a temporary order to remain in force till enquiry goes on. Such an order will come to an end ipso facto, on the proceedings under sub-section (4) of Section 17 terminating. It has a short life and is meant to debar a Panch or Sarpanch for the period the enquiry is going on.

7. From the nature of the order contemplated by sub-section (4-A) it is c

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