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SMT.RAJBALA versus STATE OF RAJ AND ORS

High Court of Rajasthan

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SMT.RAJBALA v STATE OF RAJ AND ORS - CW Case No. 4295 of 2006 [2007] RD-RJ 2344 (30 April 2007)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

JAIPUR BENCH

S.B. Civil Writ Petition No.4295/06

Smt. Rajbala Vs. State of Raj. & Ors. 30.04.2007

Hon'ble Mr. Justice Mohammad Rafiq

Shri Sandeep Garssa for petitioner.

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

The petitioner has in this writ petition challenged the order dated 24.4.06 passed by the respondents by which she has been declared disqualified on the post of Panch,

Ward No.8 of Village Gorir, Tehsil Khetri,

Distt. Jhunjhunu on account of the fact that she was not eligible to contest the election to the aforesaid office being disqualified as per one of the clauses of Section 19(l) 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 24.4.06 is quashed and set aside and the petitioner is held entitled to continue to hold the office of Panch, Ward No.8 of Village

Gorir, Tehsil Khetri, Distt. Jhunjhunu.

(Mohammad Rafiq),J.

Rs/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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