1. 1. This writ petition has been filed challenging the Constitutional validity of Section 19 (gg) of the Rajasthan Panchayati Raj Act, 1994. Though In the prayer portion, reference has also made to Probation of Offenders Act and Article 243-F of the Constitution of India on being constitutionally invalid, submissions were confined to Section 19 (gg) of the Panchayati Raj Act alone.

2. Section 19 refers to qualification for election as a Panch or member of the Panchayat Raj Institution. Clause (gg) lays down that a person, facing trial in a criminal case against whom cognizance has been taken and charges have been framed for any offence punishable with Imprisonment for five years or more, shall not be eligible for such election. It may be mentioned at the outset that validity of Clause (gg) of Section 19 has been upheld by this Court in Shivram v. State of Rajasthan, AIR 2000 416 (Raj) observing that the provision is a measure of purification of democratic process, it has been held therein that severity of punishment provided by law is directly proportionate to the seriousness of the offence and, therefore, it is permissible to draw cut off line for offences punishable wi