KASUMBI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of the instant writ petition preferred under Article 226 of the Constitution of India, the petitioner has prayed for a mandamus to the respondent no.3 - District Collector to hand over the charge of the Sarpanch of Gram Panchayat 'Loharki' (hereinafter referred to as 'Gram Panchayat') to her.

(2.) The facts as set out in the memo of the writ petition are, that at the relevant time the seat of the Sarpanch as well as UpSarpanch of Gram Panchayat, which falls in the Panchayat Samiti Sankara, Tehsil Pokaran, District Jaisalmer, was unreserved or was open for the General category candidates.

(3.) The elections of Sarpanch and Panchas of the Gram Panchayat were held in March, 2020 and one Kishan Kanwar was elected as Sarpanch on 15/3/2020. The petitioner, who belongs to Scheduled Caste community, won the election of Panch from the open seat and was later on elected as Up-Sarpanch by the Panchas of the Gram Panchayat.