- (1.) Instant petition is directed against the order dt.26th July, 2007 [Ann.5] whereby election of the petitioner as Member of Ward No. 14, Zila Parishad, Bharatpur, was set aside and further directed to hold re-elections in accordance with law.
(2.) Petitioner & respondent No. 3 both submitted their nominations for Ward No. 14, Zila Parishad Bharatpur. However, nomination of the respondent was rejected by the Returning Officer and the petitioner being only contesting candidate was declared elected as Member of Ward No. 14, Zila Parishad on 8th February, 2005 and as a Ward Member, he was further elected as Zila Pramukh.
(3.) It will be relevant to mention that under Rajasthan Panchayati Raj [Election] Rules, 1994 elections are held for Members of Panchayat Samiti/Zila Parishad in terms of Chapter VI and those who are elected as Members of Panchayat Samiti/Zila Parishad, are elected as Pradhan/Pramukh in terms of procedure provided under Chapter VII of the Rules, 1994. Respondent was convicted for offence under Section s.325, 342 & 323 IPC on 9th December, 1998. However, on appeal being preferred by him, the sentence was suspended by the Court of Appeal on 4th January, 1999 and finally the respondent was acquitted by the competent court of jurisdiction on 27th August, 2006. For Member of Ward No. 14 Zila Parishad, Bharatpur, the petitioner and the respondent both filled their nominations before the Returning Officer on 13th January, 2005. However, nomination paper of the respondent was rejected by the Returning Officer on the premise that he being a person convicted, is ineligible to contest the election in terms of Section 19(1)(g) of the Act and accordingly, elections were held on 22nd February, 2005 and petitioner was declared as elected Member of Ward No. 14, Zila Parishad, Bharatpur on 8th February, 2005 and as Member was further elected as Pramukh of Zila Parishad, Bharatpur. This rejection of his nomination by the Returning Officer was challenged by the respondent by filing election petition and after adjudication of the dispute, learned Civil Judge [Senior Division] finally observed that period of six years will be counted from the date of conviction and indisputably, period of six years expired before the date when the nomination papers were filled with regard to Ward No. 14, Zila Parishad, Bharatpur and accordingly, the learned trial Judge observed that once the period of six years was expired on the date when nomination papers were filled, the Returning Officer was not justified in holding the respondent to be ineligible in the light of Section 19(1)(g) of the Act Proviso (ii) appended thereto and consequently, set aside the election which took place on 8th February, 2005 whereby the petitioner was elected as Member of Ward No. 14.;