(1.) The instant writ petition has been filed for setting aside the election of respondent No. 2 as the Sarpanch of Gram Panchayat, Panchu, tehsil Nokha, district Bikaner, as he stood disqualified even prior to the contest of the election under Section 19 (gg) of the Panchayati Raj Act, 1994 inserted by the Ordinance issued on 25-12-1997.
(2.) The facts and circumstances giving rise to this case are that the election of Gram Panchayat, Panchu was held on 31-1-2000 and respondent No. 2 Mr. Jetha Ram was elected as the Sarpanch. The instant writ petition has been filed on the ground that under Section 19 (gg) of the Rajasthan Panchayati Raj Act, 1994 (for short, "the Act"), as respondent No. 2 stood disqualified to become a candidate in the election for the reason that cognizance of the offences had been taken and the same is punishable with imprisonment for five years or more, therefore, this Court must declare him disqualified and restrain him to work as Sarpanch.
(3.) Mr. I. R. Choudhary, learned counsel for contesting respondent has raised a preliminary objection that the petition is not maintainable and if any person is aggrieved, he ought to have filed an election petition under Section 43 of the Act read with Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (for short, "the Rules"), according to which election may be called in question by any candidate at such election only by presenting an election petition to the District Judge, having jurisdiction, within a period of thirty days from the declaration of result of the election on any of more of the grounds mentioned therein.
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