Shiv Kumar Sharma, J. - (1.) VALIDITY of Section 19 (gg) of the Rajasthan Panchayati Raj Act, 1994 (for short '1994 Act') is under challenge in this writ petition.
(2.) CONTEXTUAL facts depict that the petitioner was elected as Sarpanch of Gram Panchayat Dangarwada defeating respondent Sauji Ram by a margin of 872 votes. The election of the petitioner was called in question by Sauji Ram by filing election petition on the ground that the petitioner was facing criminal case wherein he was charged for the offence under Section 325/149 IPC that carries sentence upto 7 years imprisonment, therefore, in view of Section 19(gg) the petitioner could not have been elected. The petitioner during the pendency of election petition moved an application praying therein that Section 19(gg) of 1994 Act was ultra vires and violative of Articles 14, 19 and 21 of the Constitution of India, therefore, reference be made to the High Court for deciding the validity of Section 19(gg) of 1994 Act. The application was dismissed on August 21, 1986. Hence this writ petition. Section 19(gg) which provides qualifications for election as a Panch reads as under - 19. Qualification for election as a Panch or a Member -Every person registered as a voter in the list of voters of a Panchayati Raj Institution shall be qualified for election as a Panch or, as the case may be, a member of such Panchayati Raj Institution unless such person - (gg) is under trial in the competent Court which has taken cognizance of the offence and framed the charges against him of any offence punishable with imprisonment for five years or more.
(3.) HAVING heard the submissions, I find that attempt to declare Section 19 (gg) as ultra vires, was earlier made in Shiv Ram v. State of Rajasthan,, 2000(4) WLC (Raj.) 412 wherein the Division Bench of this Court indicated that since the said section was introduced with an object to check criminalisation in politics and to warn people in public life not to indulge in criminal activities, it was not violative of Article 21 of the Constitution.;