S.B. CIVIL WRIT PETITION NO.10504/07 Bhagwana Ram Vs. State of Raj. & Ors. Date of order : 1/2/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Hanuman Choudhary for the petitioner. Shri Ankur Rastogi, Addl. Govt. Shri R.D. Tripathi for the respondent. ****** The petitioner who is elected Sarpanch of Gram Panchayat Kajala, Panchayat Samiti Buhana has challenged the order of suspension dated 11.12.2007 and the order dated 12.12.2007 whereby charge of the said office was resumed by Up-Sarpanch. Learned counsel for the petitioner has argued that even in the preliminary enquiry that was conducted by SDO, Khetri, petitioner has been found to be guilty of only technical charge and all that has been concluded is that petitioner in order to make payment to the outside Contractor create false muster rolls in the name of local persons and withdrew payment thereagainst so as to make payment to the Contractor. It was concluded that the payment made to the Contractor and the amount withdrawn by way of such false muster rolls was same and this adjustment amounted to serious irregularity. Learned counsel for the petitioner argued that in preliminary enquiry, the SDO has not found the petitioner guilty of embezzlement, however in order to make his position clear, petitioner has deposited the amount of Rs.8,350/- in the Gram Panchayat on 18.6.2007, even then he has been illegally placed under suspension. Learned Addl. Government Advocate submits that there are serious allegations against the petitioner. The labourers whose names were shown in the muster roll have stated that their payment was not made even though they transacted the work. It was argued that even if the plea set up by the petitioner is accepted, the amount deposited by the petitioner cannot be allowed to be adjusted. Learned counsel for the petitioner rejoined and submitted that an election representative cannot be suspended in a routine manner inasmuch as the basic allegation is against the Secretary of the Gram Panchayat who has protection from certain politician of the present ruling party and no action has been taken against him, whereas only the petitioner has been proceeded against. Having regard to the facts of the case, but without expressing any opinion on the merits of the case, I do not deem it appropriate to interfere with the order of suspension but in the peculiar facts that the petitioner holds an elected office and the submissions made by the learned Addl. Govt. Counsel for the State that the enquiry in the matter shall be concluded within two months, I dispose of the present writ petition with the direction that the enquiry in the present case shall be concluded by the Chief Executive Officer, Zila Parishad, Jhunjhunu within the period of two months from the date of production of the certified copy of this order by proceeding in the matter, if necessary, on day to day basis without granting unnecessary adjournments to any of the parties. The writ petition is accordingly disposed of. (MOHAMMAD RAFIQ), J. RS/