BHERU SINGH RATHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, the petitioner challenges the orders, dated 7. 7. 2000 (Annex. P/8) and 11. 07. 2000 (Annx. P/9), passed by the Divisional Commissioner, Ajmer; and Development Officer, Panchayat Samiti, Mandal (Bhilwara), respectively. BY the first order dated 7. 7. 2000 the petitioner, who was elected as Sarpanch of Gram Panchayat, Dhunwala (Tehsil Mandal) on 31. 1. 2000, was placed under suspension by the Divisional Commissioner and a recommendation was made to the State Government for declaring the seat vacant since he was elected as a general category candidate, against a reserved seat. Even by the second order dated 11. 07. 2000 the petitioner was placed under suspension from the elected post of Sarpanch, Gram panchayat, Dhunwala, by the Development Officer, Panchayat Samiti, Mandal.

(2.) THE facts giving rise to the petition, are as follows:- THE District Election Officer published a list of wards and constituencies specifying the seats for Scheduled Castes, Scheduled Tribes, women, other backward classes and general candidates (Annex. P/1 to the writ petition ). THE petitioner as well as other two candidates, namely, Ashok Kumar Birla and Shanker lal Jat submitted their nomination papers and contested the election for the post of Sarpanch, Gram Panchayat, Dhunwala. While the petitioner and Ashok Kumar Birla were candidates belonging to the general category, Shanker Lal Jat was a candidate belonging to the Other Backward Classes. In the election, the petitioner was declared elected as Sarpanch on 31. 01. 2000 by the Returning Officer, since he had polled the largest number of votes, as against the other candidates.

(3.) IT is pertinent to point out that in that petition a dispute was raised with regard to election to the office of Sarpanch of village Jagpura (Tehsil Asind), Bhilwara. IT was claimed in that writ petition that the post of Sarpanch of the aforesaid village was reserved for a Scheduled Caste candidate, but election to the said post was held treating the seat to be unreserved. In the writ petition, it was inter alia, prayed that the seat be declared vacant, since a general category candidate was elected to the post. A learned Single Judge of this Court disposed of the writ petition with the direction that in case the petitioner files a representation before the Chief Election Officer, the same shall be considered strictly in accordance with law.