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KAILASH CHAND v STATE OF RAJ & ORS - CW Case No. 6367 of 2004  RD-RJ 2303 (30 April 2007)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
S.B. Civil Writ Petition No.6367/04
Kailash Chand Vs. State of Raj. & Ors. 30.04.2007
Hon'ble Mr. Justice Mohammad Rafiq
Shri Rajvir Sharma for petitioner.
Shri B.S. Chhaba, Deputy Government Advocate for State.
Controversy raised in this case is squarely covered by the decision of Larger
Bench in the case of Smt. Sameera Bano Vs.
State of Raj. & Ors, D.B. Special Appeal (W)
No.236/06, decided on 2.4.2007 wherein it was held as under:-
"that a pre-election disqualification can be adjudicated only in an election petition before the District Judge under Section 43 of the Act read with rule 80 of the Election Rules and cannot be adjudicated by the authority under rule 23 of the Rules."
Following the view taken by the larger bench in Smt. Sameera Bano, supra, the writ petition deserves to be allowed and is accordingly allowed. The impugned order dated 24.4.03 is quashed and set aside and the petitioner is held entitled to continue to hold the office of Sarpanch, Gram Panchayat Kherli
Ganj, Panchayat Samiti Atru, Distt. Baran.
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