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2001 Supreme(Raj) 191

B.S.CHAUHAN
Bahadur Nath – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Manish Shishodia, for Petitioner Kusum Rao, for Respondents D.S. Rajvi, for Intervenor

Honble Dr. CHAUHAN, J.–The instant writ petition has been filed for quashing the impugned order dated 24.10.2000 (Annx.4), by which an enquiry under the provisions of Section 39(1)(a) read with Section 19(1) of the Rajasthan Panchayati Raj Act, 1994 (hereinafter called ``the Act, 1994) has been ordered; and also for quashing any action or order passed in pursuance thereof.

(2). The facts and circumstances giving rise to this case are that petitioner had contested the Gram Panchayat election held on 4.2.2000 and was elected as Sarpanch of village Likhmadesar, Tehsil Sri Dungargarh, District Churu. One Mukun Nath, who had lost the election against the petitioner, filed an election petition on 28.2.2000, inter alia, on the ground that the petitioner had more than two children and as the third child was born on 10.2.99, i.e. after 27.11.95, he was disqualified to contest the election under Clause (1) of Section 19 of the Act, 1994. The said election petition No. 7/2000 (Annx. 1) is still pending in the Court of learned Civil Judge (Senior Division), Churu. The respondents issued a notice dated 1.9.2000 asking the petitioner to show cause as why action under Section 39(1)(a) read with Se








































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