JAGRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was elected as Sarpanch, Village Panchayat Karoda, Tehsil Sehror, District Alwar. A complaint was filed against him that he was disqualified for being elected as Sarpanch and to continue as Sarpanch as he had more than two children. THE matter was enquired into by the Additional Chief Executive Officer, Zila Parishad, Alwar, who made a report that the petitioner had an additional 5th children on 4. 4. 1998 and this child was given in adoption on 24. 4. 1999 to one Shri Rakesh Kumar. On the basis of the aforesaid enquiry report, the respondent No. 2, the Divisional Commissioner, Jaipur Division, Jaipur after seeking approval of the State Government passed an order removing the petitioner from the post of Sarpanch in exercise of powers under Section 39 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred as the Act of 1994 ). THE petitioner has challenged this order in this petition.

(2.) THE contention of the petitioner is that Article 243-0 of the Constitution of India creates a bar against challenging an election in any other manner than by way of an election petition. THE said Article reads as under: "article 243-0. Bar to interference by courts in electoral matter-notwithstanding anything in this Constitution. " (a) ". . . . . . . " (b) "no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as it provided for by or under any law made by the Legislature of a State. "

(3.) THE petition is, therefore allowed. the impugned order dated 27. 2. 2001 is quashed. .