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VIJAY SINGH versus RITUNNING OFFICER & ORS

High Court of Rajasthan

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VIJAY SINGH v RITUNNING OFFICER & ORS - CW Case No. 2467 of 2006 [2007] RD-RJ 2352 (30 April 2007)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

JAIPUR BENCH

S.B. Civil Writ Petition No.2467/06

Vijay Singh Vs. Returning Officer & Anr. 30.04.2007

Hon'ble Mr. Justice Mohammad Rafiq

Shri R.P. Singh for petitioner.

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

The petitioner has in this writ petition challenged the order dated 22.3.06 passed by the respondents by which he has been declared disqualified on the post of Sarpanch,

Gram Panchayat Jatnagala, Panchayat Samiti

Hindon, District Karauli on account of the fact that he 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 22.3.06 is quashed and set aside and the petitioner is held entitled to continue to hold the office of Sarpanch, Gram Panchayat

Jatnagala, Panchayat Samiti Hindon, District

Karauli

(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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