Rajasthan Panchayati Raj Act, 1994–Sec. 39 r/w. Rule 16 of Rules of
1996 & Sec. 38(4)–Pre-election disqualification–Whether an elected member can be removed, proceeded against in an enquiry u/s. 39 ?–Held, no–Where a statute provides for judicial determination of a pre-election dispute, it cannot be eclipsed by the side wind of executive determination–Executive can invoke the writ of quo warranto and criminal proceedings and elected member can be suspended where the charge have been framed in a offence of moral turpitude.
