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2023 Supreme(Raj) 2204

GANESH RAM MEENA
Vijendra Kumar – Appellant
Versus
State of Rajasthan – Respondent


Advocate Appeared:
For the Petitioner:Mr. Deendayal Sharma and Mr. Amit Singh Shekhawat, Advocates.
For the Respondent:Mr. R.K. Agarwal Sr. Advocate with Mr. Shubham Kumar Sharma Dr. Ganesh Parihar AAG with Mr. Sameer Sharma, Advocate.

JUDGMENT :

Ganesh Ram Meena, J.

The petitioner has filed this writ petition challenging the order dated 01.01.2021 issued by the Addl. Commissioner & Joint Secretary-II (Enquiry), Government of Rajasthan, Rural Development & Panchayati Raj Department, whereby petitioner- Vijendra Kumar (Elected Member of Ward No.18, Panchayat Samiti Laxmangarh, District Sikar), has been removed from the post of Member, Panchayat Samiti, Laxmangarh, District Sikar and declared the post vacant under the provisions of the Rajasthan Panchayati Raj Act, 1994 (for short 'the Act of 1994') and further he has been declared permanently ineligible for contesting the elections to any Panchayati Raj Institutions.

2. Before dealing with the arguments of the counsels appearing for the respective parties it would be proper to mention the detailed facts which emerges for consideration of this Court on the basis of pleadings of the parties.

3. After due Notification for the general elections to the Panchayati Raj Institutions, the petitioner- Vijendra Kumar submitted his nomination form for Ward No.18 on 08.11.2020 for election as a Member of the Panchayat Samiti, Laxmangarh, District Sikar. Along-with the nomination f

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