KANWALJIT SINGH AHLUWALIA,J. - (1.) The present petition has been filed under Article 226 of the Contitution of India, to assail the election of respondent no.6 Lalu Ram Yadav, as Sarpanch to the Gram Panchayat Mundoti, Tehsil Kishangarh Renwal, District Jaipur.
(2.) The learned counsel for the petitioner has submitted that the respondent no.6, Lalu Ram Yadav filed the nomination form for election to the post of Sarpanch for the above said Gram Panchayat. The learned counsel for the petitioner contended that the respondent no.6 submitted forged and fabricated certificates regarding his educational qualification to become eligible to contest the election. The learned counsel for the petitioner has submitted that the petitioner lodged an FIR (Annexure-9) stating therein that the educational documents/testimonials relied by the respondent no.6 to become eligible for the office of Sarpanch are forged and fabricated documents. The learned counsel for the petitioner has submitted that in pursuance of above said FIR, charge-sheet has been submitted and the court has taken the cognizance.
(3.) Section 38 of the Rajasthan Panchayati Raj Act, 1994 reads as under:- "38. Removal and suspension. - (1) The State Government may, by order in writing and after giving him an opportunity of being heard and making such enquiry as may be deemed necessary, remove from office any member including a chairperson or a deputy chairperson of a Panchayati Raj Institution, who- (a) refuses to act or becomes incapable of acting as such; or (b) is guilty of misconduct in the discharge of duties or any disgraceful conduct: (2) --------- (3) The member or the chairperson or the deputy chairperson removed under sub-section (1) or against whom findings have been recorded under the proviso to that sub-section, shall not be eligible for being chosen under this Act for a period of five years from the date of his removal or, as the case may be, the date on which such findings are recorded. (4) The State Government may suspend any member including a chairperson or a deputy chairperson of a Panchayati Raj Institution against whom an enquiry has been initiated under sub-section (1) or against whom any criminal proceedings in regard to an offence involving moral turpitude is pending trial in a court of law and such person shall stand debarred from taking part in any act or proceeding of the Panchayati Raj Institution concerned while being under such suspension. (5) The decision of the State Government on any matter arising under this section shall, subject to any order made under section 97, be final and shall not be liable to be questioned in any court of law" ;