SUSHIL KUMAR RAWAL Vs. STATE

JUDGEMENT

(1.) THE matter has come on the application moved by the intervener seeking vacation of the interim order passed by this Court on 30. 9. 2005.

(2.) IT is stated by the learned counsel for the intervener that petitioner has made a false declaration in the application regarding his caste and thereby indulged himself in the malpractice to contest the election of the panchayats. IT was submitted that petitioner is not belonging to the S. C. Category for which the post was reserved hence, the election of the petitioner cannot be allowed to stand therefore the necessary action taken by the government, should not be withheld and, therefore, prayed for vacation of the interim order.

(3.) THE aforesaid provisions were shown to the learned counsel for the respondents to demonstrate that the matter of corrupt practice or improper acceptance of nomination in a election can be made subject-matter of challenge in election petition but the government cannot initiate any action in that regard because there is specific bar for challenge to the elections other then by way of election petition as is provided under Article 243-0 of the Constitution of India. In reply to this, learned counsel for the respondents submitted that in view of the provisions of Article 243f of the Constitution of India, the government is competent to take up the matter and complete the enquiry. In that regard, a reference of Section 39 of Panchayat Raj Act of 1994 was also made to show that as per provisions of Section 39 (1) (A) of the Rajasthan Panchayati Raj Act, 1994, necessary enquiry can be conducted by the government. For ready reference, provisions of Article 243-F as well as Section 39 (1) (A) of the Act of 1994 are quoted hereunder:- &nbsp&nbsp&nbsp&nbsp&nbsp" 243-F. Disqualification for membership.- (1) A person shall be disqualified for being chosen as, and for being, a member of a Panchayat- (a) If he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned: Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years; (b) If he is so disqualified by or under any law made by the Legislature of the State. (2) If any question arises as to whether a member of a Panchayat has become subject to any of the disqualifications mentioned in Clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, be law, provide. " &nbsp&nbsp&nbsp&nbsp&nbsp" Sec. 39. Cessation of membership.- (1) [a] member of a Panchayati Raj Institution shall not eligible to continue to be such member if he- (a) is or becomes subject to any of the disqualifications specified in Sec. 19; or (b) has absented himself from three consecutive meetings of the Panchayati Raj Institution concerned without giving information in writing to such Panchayati Raj Institution; or (c) is removed from the membership; or (d) resigns from the membership; or (e) dies; or (f) fails to make the prescribed oath or affirmation of the office of membership within three months from the date of election or appointment. "