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SRINIWAS v STATE AND ORS - CW Case No. 774 of 2007  RD-RJ 2346 (30 April 2007)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
S.B. Civil Writ Petition No.774/07
State of Raj. & Ors. 30.04.2007
Hon'ble Mr. Justice Mohammad Rafiq
Shri D.K. Garg for petitioner.
Shri B.S. Chhaba, Deputy GA.
This writ petition has been filed by the petitioner seeking a mandamus upon the respondents that they should proceed to take action against one Shri Dharmendra
Dinkar being holding the post of Member,
Ward No.20, Panchayat Samiti, Dholpur by initiating against him administrative action u/s. 39 of the Rajasthan Panchayati
Raj Act on account of disqualification with which he suffered at the time of his elections.
This issue is squarely covered by the decision of the 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 has been 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 in Smt. Sameera Bano, supra, no case is made out for interference. The writ petition is therefore dismissed.
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