PRAMOD KUMAR Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition is directed against order dated 7.11.14 passed by the Returning Officer, whereby the petitioner's nomination for election as Member from Ward No. 44 of Municipal Council, Sri Ganganagar, stands rejected.

(2.) THE relevant facts are that vide public notice dated 7.11.14, the Returning Officer invited nomination of candidates for election of Municipal Council, Sri Ganganagar. The complete Schedule of the election was notified. The petitioner filed his nomination in Form III as a candidate for Ward No. 44 of Municipal Council, Sri Ganganagar. In Part II of the declaration attached to the nomination form, the petitioner disclosed that a criminal case for offence under Sections 341, 325, 147 and 149 I.P.C. is registered against him, which is pending before the court of Judicial Magistrate, First Class, Sri Ganganagar. According to the petitioner, after due scrutiny the nomination form of the petitioner was accepted, however, later in absence of the petitioner, the Returning Officer made changes in the earlier order and rejected the nomination form of the petitioner on the ground that since the cognizance has been taken by the criminal court of competent jurisdiction for an offence punishable with imprisonment for a period of five years and the charges have also been framed, the petitioner is disqualified to contest the election in terms of provisions of Section 24(iii) of Rajasthan Municipalities Act, 2009 (for short "the Act of 2009").

(3.) I have considered the submissions of the learned counsel and perused the material on record.