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YOGESHWAR DAS v STATE OF RAJ & ANR - CW Case No. 42 of 2006  RD-RJ 2354 (30 April 2007)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
S.B. Civil Writ Petition No.42/06
Yogeshwar Das Vs. State of Raj. & Anr. 30.04.2007
Hon'ble Mr. Justice Mohammad Rafiq
Shri Chandra Shekhar for petitioner.
Shri B.S. Chhaba, Deputy Government Advocate for State.
The petitioner has in this writ petition challenged the order dated 16.11.2005 passed by the respondents by which he has been declared disqualified on the post of Sarpanch,
Gram Panchayat Ghinoi, 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 16.11.05 is quashed and set aside and the petitioner is held entitled to continue to hold the office of Sarpanch, Gram Panchayat Ghinoi.
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