KAPTAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WHILE challenging the show cause notice dated 10. 4. 2001 in regard to disqualification of the petitioner for holding the post of Sarpanch, the petitioner has also challenged the validity of Rule 23 of the Rajasthan Panchayat Raj Rules, 1996.

(2.) MR. Hanuman Choudhary, learned counsel for the petitioner, while relying upon a judgment of this court in the case of Mohan Lal vs. State of Rajasthan (1), has submitted that disqualifications of the Sarpanch can only be decided in an Election Petition and since no Election Petition has been filed against the petitioner, the State Government cannot take any action against the petitioner.

(3.) ACCORDINGLY, I find no merit in the writ petition and the same is dismissed. .