(1.) The instant writ petition has been filed challenging the order of the Election Tribunal dated 7-2-2001 (Annex. 4), by which the election of the petitioner has been declared void and direction has been issued to hold fresh election.
(2.) The facts and circumstances giving rise to this case are that petitioner was declared elected as Sarpanch of Gram Panchayat, Peeh, tehsil Merta, district Nagaur and respondents Nos. 2 to 6 stood defeated. Respondent No. 2 filed Election Petition No. 12/2000 before the District Judge, Merta on the grounds, inter alia, that petitioner was involved in a criminal case and on the date of filing the nomination papers, charges had been framed against him, therefore, under the provisions of Section 19(gg) of the Rajasthan Panchayati Raj Act, 1994 (for short, "the Act"), he was disqualified to contest the election. During pendency of the election petition, criminal trial stood concluded and petitioner was acquitted. Thus, he took the plea that as the acquittal related back to the date of framing the charges and the alleged offence, he could not be held disqualified on the date of filing the nomination paper. The Tribunal rejected the plea of the petitioner and allowed the election petition. Hence this petition.
(3.) A large number of issues are involved herein. However, the sole point urged before this Court is that if petitioner stood acquitted during pendency of the criminal trial, whether it can still be held that he had incurred the disqualification and his election was void ?
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