Honble NAOLEKAR, J.–The petitioner was elected as Sarpanch of Panchayat Samiti, Mandle. A criminal complaint is being filed by Smt. Laxmi Roshan Lal Harijan u/s. 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act before the Court of Civil Judge (Junior Division) and Judicial Magistrate, Mandle. Admittedly, although cognizance is being taken, no charge has been framedagainst the petitioner till 22.5.97 and the order of suspension has been issued against the petitioner in exercise of the powers conferred u/S. 38(4) of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as `the Act). The order of suspension was issued on the ground that on the complaint made against the petitioner Sarpanch of Panchayat Samiti, Mandle by Smt. Laxmi w/o Roshan Lal, aCase No. 582/96 was registered and the petitioner was sent to jail on 24.2.97 where he remained upto 26.2.97 as there are serious charges against the Sarpanch after consideration of the report submitted by the Chief Executive Officer and Secretary, Zila Parishad, the State Govt. is of the view and find it proper to suspend the petitioner from the post of Sarpanch, Panchayat Samiti, Mandle till the decis

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