JUDGMENT :

R.K. Patra, J. - The petitioner who is the Sarpaneh of Tembaguda Gram Panchayat under Padampur Panchayat Samiti in this petition under Articles 226 and 227 of the Constitution of India seeks quashing of the order of suspension passed by the Collector, Rayagada communicated in letter No. 2003/97 dated 31.7.1997 at Annexure-3.

2. The case of the petitioner is that he came to be elected as Sarpaneh of Tembaguda Gram Panchayat in January 1997. He is actively involved in social activities and has been discharging his duties and exercising power vested in him with due diligence. As he belongs to the opposite camp of the ruling party in the State, he has incurred wrath of local leaders and at their instance the Collector illegally placed him under suspension without any justifiable cause or reason.

3. The Collector who is opposite party No. 1 in the case has filed counter affidavit which was affirmed by the District Panchayat Officer, Rayagada. His case is that the Civil Supplies and Enforcement Squad along with the Revenue Officer-cum-Executive Magistrate, Gunupur checked and verified the stock and accounts of the special subsidised rice of Tembaguda Gram Panchayat in presence of