ABRAR AHMED Vs. STATE (RURAL DEVLOP AND PANCHAYATI RAJ DEPARTMENT)

LAWS(RAJ)-2017-7-7

HIGH COURT OF RAJASTHAN (AT: JAIPUR)

Decided on July 13,2017

ABRAR AHMED Appellant

VERSUS

State (Rural Devlop And Panchayati Raj Department) Respondents

JUDGEMENT

- (1.) Heard counsel for the petitioner and perused the impugned order dated 8.12.2016. Counsel for the petitioner has not been able to make out any illegality vitiating the aforesaid impugned order, which merely states that on a fact finding enquiry, the affidavit of the petitioner while contesting the election for the post of Ward Panch being found false, he was liable to be prosecuted under Section 191/193 of the Code of Criminal Procedure. The letter further clarifies that no action against the petitioner's election as a Ward Member was being taken for the reason that the issue of petitioner's pre-election disqualification was not a matter within the scope of government's jurisdiction. This Court cannot restrain the District Returning Officer from directing prosecution of a candidate, who contested the election on a false affidavit. It goes without saying that in the event proceedings being taken against the petitioner under Section 191/193 Cr.P.C., he will have all opportunities to set-up a defence. The concerned court shall thereupon determine the outcome of the prosecution before it, in accordance with law. Presently no legal or fundamental right of the petitioner has been contravened, making out a cause of action to approach this court. There is no force in the petition. It is misdirected. Dismissed. ;

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