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2009 Supreme(Raj) 1916

M.N.BHANDARI
Ramavtar Bairwa – Appellant
Versus
State of Rajasthan – Respondent


For the Petitioners:R.D. Rastogi, Rajendra Soni, Naina Saraf, Anoop Dhand, and Madhav Mitra, Advocates.
For the Respondents:R.B. Mathru, Pradeep Choudhary and Deepak Raj Sharma, Advocates.
For the Party: M.S. Kachawa, Addl. G.C.
For the Applicant:Manoj Choudhary, Advocate.

JUDGMENT

1. - By way of these writ petitions a challenge has been made to the notification issued by the State Election Commission for holding elections for the posts of "Pramukh/Up Pramukh/Pradhan" for various Panchayati Raj Institutions.

2. The facts which are common in all the writ petitions are that posts of "Pramukh/Up Pramukh/Pradhan" and also the Ward Member fell vacant as holders of the post were elected as a Member of Legislative Assembly. In some cases, posts of Ward Member fell vacant on account of death of the member. As a consequence of falling posts of "Pramukh/Up-Pramukh/ Pradhan" vacant, State Election Commission issued notification to hold elections for those posts, which have been questioned by way of these writ petitions mainly on the ground that without holding the election of Ward Member at the first instance, the State Election Commission should not have issued notification to hold elections of the posts of Pramukh/Up-Pramukh/Pradhan (hereinafter referred to as 3 posts').

3. Learned counsel appearing in these cases raised common issue for determination by this Court. Referring to the constitutional provision pertaining to Panchayat as well as provision of the Pa























































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