Honble CHAUHAN, J.–Though the matter was listed today for grant of interim relief, yet with the consent of learned counsel for the parties, the matter was heard finally.

(2). The instant writ petition has been filed for quashing the order dated 27.01.2001 (Annx.6) by which the petitioner has been removed from the post of Sarpanch being disqualified and also against the order dated 09.04.2001 (Annx.7) by which the seat has been declared vacant.

(3). The facts and circumstances giving rise to this case are that petitioner was elected as a Sarpanch in the election held on 04.02.2000. She was alleged to be disqualified to contest the election as she had given birth to a third child on 01.04.1996 i.e. after the cut-off date 27.11.1995 and as she made a misrepre-sentation, the proceedings were initiated against her. Smt. Sita Devi, respondent No.6 filed an application/complaint to the Chief Executive Officer, Zila Parishad, Barmer on which the enquiry was conducted and the report was submitted to the Divisional Commissioner on 03.06.2000 wherein after being satisfied with the report, notice was issued to the petitioner, who submitted her reply on 03.08.2000 denying the factum that she had

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