[2026:RJ-JD:43445-DB]

Reportable HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 21823/2026 CNR: RJHC010909772026 | URN: CW / 37494U / 2026 Judgment reserved on: 09.09.2026 Judgment delivered on: 05.10.2026 Judgment (Full) uploaded on: 05.10.2026 Budh Dan S/o Sh Seni Dan, Aged About 71 Years, R/o Mehra Joto Ka Bas, Mathaniya, District Jodhpur, Rajasthan - 342305 ----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary, Department Of Local Self Government, Secretariat, Jaipur, Rajasthan.

2. State Election Commissioner, State Election Commission, 2^nd Floor, Development Block, Secretariat, Jaipur -

302005.

3. District Election Commissioner, District Jodhpur, Rajasthan 4. Returning Officer, Mathania Nagar Palika, District Jodhpur, Rajasthan ----Respondents For Petitioner : Mr. Aman Maheshwari, Adv.

Ms. Akansha Mehta, Adv.

Mr. Pulkit Sharma, Adv.

For Respondent(s) : Mr. Rajesh Panwar, Sr. Advocate and AAG assisted by Mr. Ayush Gehlot, Adv.

Mr. Rakesh Sharma, Adv.

Mr. Ravindra Jala for Mr. S.S. Ladrecha, AAG Division Bench HON'BLE THE CHIEF JUSTICE MR. SANJAY K. AGRAWAL HON'BLE MR. JUSTICE MUNNURI LAXMAN C.A.V. Judgment Sanjay K. Agrawal, CJ:

For sake of exposition, this judgment is divided in following parts:-

Preface

1. The preliminary object and purpose underlying Section 24(iii)

of the Rajasthan Municipalities Act, 2009 (hereinafter referred to as the ‘Act of 2009’), is to disqualify a candidate from contesting municipal election, if he is under trial before competent court, which has taken cognizance for the offence and framed the charges against him of any offence punishable with imprisonment for five years or more. This legislative mandate and measure is to prevent the criminalization of politics and public administration. The Act has been enacted by the Rajasthan Legislature to rectify systemic failures that threaten state governance. This provision ensures that public institutions are not dominated or controlled by the individuals having criminal backgrounds. By establishing these essential safeguards, the statute preserves public confidence, upholds the rule of law and constitutional values and so also protect the public offices from criminal influence. Ultimately, this provision serves the paramount public interest for maintaining clean, accountable, and effective administration while securing the democratic foundation of both the State and the country against institutional collapse. With this preface, we would turn to the facts of the case.

Quintessential facts and challenge in this petition

2. Invoking extra-ordinary jurisdiction of this Court under Article

226 of the Constitution of India, the petitioner while challenging the constitutional validity of Section 24(iii) of the Act of 2009, has sought consequential relief in relation to submission of nomination paper for election, as a Member of Ward No.6, Nagar Palika Mathania, District Jodhpur.

3. The election programme for the said municipal election was notified on 19.08.2026 and the process of election commenced. The petitioner submitted his nomination paper for contesting election from Ward No.6, Nagar Palika Mathania, District Jodhpur on 31.08.2026. Upon scrutiny, the nomination paper of the petitioner was rejected. Thereafter, the petitioner approached this Court on the premise that his nomination paper was rejected on account of disqualification as contemplated under Section 24(iii) as he is facing criminal trial, of which the cognizance has been taken and charges have been framed for the offence under Sections 13(1)(c) and 13(2) of the Prevention of Corruption Act, 1988 read with Sections 420 and 120B of the Indian Penal Code on

14.06.2024.

4. The endorsement recorded on the nomination paper क ख specifically records that the requisite Form- and Form-

issued in favour of the petitioner were not enclosed and consequently his nomination paper was rejected under Rule 13(1)(4) read with Rule 12(2) of the Rajasthan Municipalities (Electio