JAGDISH PRASAD SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 06.01.2010 whereby the Deputy Commissioner (Enquiry), Panchayati Raj Department, the respondent No.2 had issued a list of persons who were declared to be disqualified for contesting the Panchayat Elections which are presently going on.

(2.) It is the case of the petitioner that he was elected as Sarpanch and subsequently as Up-sarpanch of Gram Panchayat Malikpur in 2005. Even today he continues to discharge his duties as the Up-sarpanch of the said Gram Panchayat. However, as a false complaint was filed against the petitioner, an inquiry was held against him. The case was inquired both by the Chief Executive Officer of Zila Parishad, Sikar and by the Dy. Secretary (Enquiry). Vide order dated 11.08.2008, the petitioner was exonerated from the charges. But notwithstanding his exoneration, still vide order dated 06.01.2010, his name has been included in the list of disqualified persons. Hence, this petition before this Court.

(3.) Mr. Ajay Gupta, the learned counsel for the petitioner, has contended that since the petitioner was exonerated from the charges, there is nothing against him that would disqualify him from contesting the election. Moreover, the order dated 06.01.2010 is extremely cryptic order as it does not state any reason for declaring the petitioner as disqualified.