- (1.)THIS special appeal is directed against order dated 20-4-2008 passed by the learned single Judge of this Court, whereby the writ petition preferred by the appellant assailing the validity of judgment and decree dated 3-1-2008 passed by the Election Tribunal (Additional civil Judge (S. D.), No. 3), Jodhpur in Election Petition No. 15-A/05, stands dismissed. By aforesaid judgment and decree dated 3-1-2008 passed by the learned Election Tribunal, the election of the appellant as sarpanch has been declared null and void and accordingly, the post of the Sarpanch, gram Panchayat, Anvana has been declared vacant.
(2.)BRIEFLY stated the facts of the case are that in pursuance of the notification issued by the Rajasthan Election Commission, the district Election Officer (Panchayat), Jodhpur issued a public notice in exercise of the powers conferred under Rule 23 of rajasthan Panchayati Raj (Election) Rules, 1994 (in short the "the Rules, 1994" hereinafter), calling upon the various panchayat circles to elect panchas and Sarpanch within the time specified in the notice. As per the programme notified, the last date for presentation of nominations was fixed as 30-1-2005 and the scrutiny of nomination papers was to be made on the same day. The poll, if necessary was to be taken on 31-1-2005.
(3.)THE appellant so also the respondent no. 2 presented their nomination in the prescribed form before the returning officer on the date fixed. The appellant raised an objection to the nomination of the respondent no. 2 on the ground that since the cognizance has been taken by the Court of competent jurisdiction against him for commission of offences u/ss. 420, 467, 466, 468, 471, 474, 120-B of Indian Penal Code, 1908 (in short "ipc" hereafter) which are punishable with imprisonment for life/ten years therefore, he is disqualified for contesting the election to the office of the Sarpanch.