KAILASH MEENA versus STATE OF RAJ & ORS

High Court of Rajasthan

Indian Supreme Court Cases / Judgements / Legislation

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KAILASH MEENA v STATE OF RAJ & ORS - CW Case No. 2272 of 2004 [2007] RD-RJ 2304 (30 April 2007)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

JAIPUR BENCH

S.B. Civil Writ Petition No.2272/04

Kailash Meena Vs. State of Raj. & Ors. 30.04.2007

Hon'ble Mr. Justice Mohammad Rafiq

Shri Rajendra Prasad for petitioner.

Shri B.S. Chhaba, Deputy Government Advocate for State.

The petitioner has in this writ petition challenged the order dated 21.1.2004 passed by the respondents by which he has been declared disqualified on the post of Ward

Member of Ward No.5 of Panchayat Samiti Manohar

Thana, Distt. Jhalawar on account of the fact that he was not eligible to contest the election to the aforesaid office being disqualified as per clause (l) of Section 19 of the Rajasthan Panchayati Raj Act, 1994 and has prayed that the same be quashed and set aside.

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 21.1.04 is quashed and set aside and the petitioner is held entitled to continue to hold the office of Ward Member of Ward No.5 of

Panchayat Samiti Manohar Thana, Distt.

Jhalawar.

(Mohammad Rafiq),J.

Rs/-

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