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 Pancha