L.R. Mehta, M. Mridul - Sr. Advocate with R.N. Upadhyaya, Vijay Bishnoi, D.S. Rajvi and Kailash Joshi, for Respondents

Honble ARORA, J.–This writ petition and the other eleven writ petitions mentioned in the Schedule, raise the common controversies, namely, (i) the validity of Section 19(L) read with Section 39 of the Rajasthan Panchayati Raj, Act, 1994; (ii) the legality and correctness of the orders passed by the respective Chief Executive Officer, by which the petitioners were declared disqualified; and (iii) the jurisdiction of the Chief Executive Officer to hold an enquiry in the matter of declaring a Panch or a Member of the Panchayat Raj Institution to continue as the Sarpanch as he has incurred the disqualification on account of birth of an additional child in the family raising the number of the children to more than two.As all these writ petitions involve the common questions of law and facts, therefore , they are being disposed of by this common judgment.

(2). The petitioner was declared elected as the Sarpanch of Gram Panchayat, Banera (district Bhilwara) on 4-2-95. While he was acting as the Sarpanch, a notice dated 9-7-96 issued under Section 39(2) of the Rajasthan Panc

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