HEERA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Application has been filed on behalf of contesting respondent No.4 under Art. 226(3) of the Constitution of India for vacation of the ex-parte interim order passed by the court dated 26/02/2010. However, with the consent of counsel for the parties, the matter has been finally heard and being disposed of at this stage.

(2.) The present petitioner and so also the respondent No. 4 contested the election of Sarpanch, Gram Panchayat Shrirampura, Panchayat Samiti Dudu, District Jaipur and both were enrolled as voter in the electoral roll of Ward No. 1 of Panchayat Circle Shrirampura, Panchayat Samiti Dudu, District Jaipur as per the Panchayat Electoral Roll-2009. After the respondent No.4 being elected as Sarpanch, the present petitioner, who is a defeated candidate, has approached this Court by filing the instant writ petition on the premise that the respondent No.4 is not ordinarily resident of Ward or constituency of the Panchayat Raj Institution where he has contested the elections and in such circumstances, he is disqualified to contest the elections and the very process initiated by the respondents in holding elections permitting the respondent No.4 to contest the elections and declaring him elected, is in violation of Sec. 18 of the Rajasthan Panchayati Raj Act, 1994 and requires interference by the Court.

(3.) A voter list of Panchayat Voter List-2009 of Ward No. 1 of Panchayat Circle Shrirampura, Panchayat Samiti Dudu, District Jaipur has been placed on record as Anx. 1 in which name of the respondent No.4 finds place at serial No. 104 and at the same time, voter list of Ward No. 14 of the Municipal Board, Pushkar as published on 21/10/2009 has also been placed on record as Anx.2 wherein name of the respondent No.4 finds place. Taking note thereof, counsel submits that the name of the respondent NO.4 is enrolled at two places in the voter list which is contrary to Sec. 18(b) of the Act, 1994 and the election of the respondent deserves to be set aside.