Rajasthan Panchayat Raj Act, 1994–Sec. 19(gg) & 38(4)–Submission of fabricated documents at the time of filing the nomination paper–Whether it can be held the pre-election dispute requiring to be decided by an election petition and the suspension of such member would be barred u/s. 38(4)?–Held, no–same cannot be equated with the fact of having more than two children after cut off date as the fact of having more than two children is not an offence–Further, the power of suspension does not relate to the date when the act constituting the offence was committed–It relates to criminal proceedings in regard to an offence involving moral turpitude pending trial in a Court of law–Irrespective of date when the act constituting offence was committed, if the charge sheet is filed after a person is elected and the Court takes cognizance thereof, it would be a case where it can be said that the criminal proceedings regarding an offence are pending trial in a Court.
