The disqualification under Sec. 19(gg) of the Rajasthan Panchayati Raj Act, 1994 is based on the pendency of trial for a cognizable offence with imprisonment for five years or more, and the subsequent acquittal does not remove the disqualification.

1. - This reference has come up before us on the basis of the order dated 3.4.2002 passed by the Division Bench in D.B. Civil Special Appeal No. 715/2001 to answer the question framed by the Division Bench as under

"Whether a Sarpanch elected by a valid democratic process can be ousted from the office on the ground that he was disqualified to contest the election as on the date of nomination viz; he was undergoing a trial before the competent Court which had taken cognisance of the offence and framed a charge against him of the offence punishable with imprisonment for five years or more inviting applicability of clause (gg) of Sec. to 19 of the Rajasthan Panchayati Raj Act, 1994 in spite of the fact that on the date the Tribunal upset the election, he stood acquitted of the charges levelled against him?"

2. Before we proceed to answer the question as has been referred, we may precisely narrate the set of facts which have given rise to the making of 15 this reference.

(A) In case of Narain Lal v. State of Rajasthan & Ors., (D.B. Civil Special Appeal (Writ) No. 715/2001 arising out of S.B. Civil Writ Petition No. 3171/2001).

(i) The nominations for the election of Gram Panchayat Denda, Tehsil and District Pali in Jodhpur Division were submitted on 3.2.2000 which was the last day for submission of nominations. The nomination papers were scrutinised on the same day.

(ii) The election of Sarpanch was held on 4.2.2000.

(iii) Original petitioner-Narain Lal secured 525 valid votes i.e. the highest number of votes, one Shri Beenja secured 283 valid votes, Shri Pukhraj secured 261 valid votes, Shri Mena Ram secured 174 valid votes and Shri Anoopa Ram secured 59 valid votes.

(iv) The election of Shri Narain Lal was challenged by Shri Pukhraj, one of the defeated candidates in the election, on the ground that the original petitioner Narain Lal was facing trial for a cognisable offence in a criminal case in which cognisance had already been taken by the Chief Judicial Magistrate (Environment), Pali on 10.2.1998 under sections 420, 467, 468, 471 & 120-B IPC. The charge had already been framed on 18.8.1999 under sections 420 & 120-B IPC.

(v) Subsequently, a compromise was entered into between the parties on 27.1.2000 i.e. a week prior to filing of the nomination papers. The Returning Officer has, therefore, accepted the nomination paper. However, the fact remains that on account of employees strike the compromise could not be verified and the 5 same was verified on 5.8.2000 by the Court. On 5.8.2000, the order of acquittal was passed. The election petition was filed by the defeated candidate Shri Pukhraj on 1.3.2000.

(vi) On 7.8.2001, the Tribunal allowed the election petition setting aside the election of Narain Lal as being void.

(vii) This order dated 7.8.2001 was challenged by way of writ petition u/Art. 226 of the Constitution of India before this Court and the learned Single Judge decided the petition on 21.8.2001 and dismissed the same.

(viii) Against the order dated 21.8.2001 passed by the learned Single 15 Judge, the present D.B. Civil Special Appeal (Writ) No. 715/2001 was filed out of which this reference arose in terms of the order dated 3.4.2002.

(B) In case of Babu Lal v. District Judge, Merta, (S.B. Civil Writ Petition No. 1185/2002) .

(i) Petitioner Babu Lal, Shri Mana Ram and Manak Ram were the candidates who contested the election for the post of Sarpanch of Gram Panchayat Jasnagar, Tehsil Merta, District Nagaur on 31.1.2000.

(ii) Shri Babu Lal petitioner was declared elected as Sarpanch of 25 Gram Panchayat Jasnagar on 31.1.2000.

(iii) One of the defeated candidates namely Shri Manak Ram challenged the election of Shri Babu Lal by way of election petition before the District Judge, Merta under section 43 of the Rajasthan Panchayati Raj Act, 1954 r/w Rajasthan Panchayati Raj (Election) Rules, 1994. The basic ground of challenge was that Shri Babu Lal was disqualified to contest the election of Sarpanch because the trial fo