SHIV RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this group of writ petitions under Art. 226 of the Constitution of India, the petitioners have challenged the constitutional validity of S. 19(g), 19(gg) and Proviso (ii) of Section 19 of the Rajasthan Panchayati Raj (Third Amendment) Ordinance, 1999, All the writ petitions are disposed of by common judgment.

(2.) On 17-1-2000, one of the petitions came up for admission and a notice was given to the learned Advocate General. The case was posted for final hearing on 27-1-2000. Mr. Mahesh Bora, learned counsel appearing for the petitioner, submitted that as the State has not filed reply, the petitioner is entitled to interim relief i.e. stay of offending provisions providing disqualification to contest election. Mr. Sagar Mal Mehta, learned Advocate General, submits that he is prepared to argue the petition finally without filing the reply. In view of this, we have taken up the group of writ petitions for final hearing at admission stage.

(3.) The Rajasthan Panchayati Raj Act, 1994, came into force on 23-4-1994, hereinafter referred to as 'the Act of 1994'. His Excellency the Governor of Rajasthan proclaimed the Ordinance as published in the Rajasthan Rajpatra dated 27th December, 1999, known as Rajasthan Rajpatra (Third Amendment) Ordinance, 1999, hereinafter referred to 'the Ordinance of 1999'. Para 5 of the Ordinance of 1999 provides with the amendment in S. 19, which is extracted as follows :