MAHENDRA Vs. KAILASH SINGH

JUDGEMENT

(1.) The present writ petition has been filed challenging the order dtd. 5/5/2022 passed by the learned Senior Civil Judge, Barmer in Case No.08/2021 (Election Petition), whereby the application filed by the petitioner (respondent No.1 in the election petition) under Order 7 Rule 11 read with Sec. 151 C.P.C. for rejection of election petition, has been dismissed.

(2.) The petitioner herein is the respondent No.1 and the respondent No.1 herein is the petitioner in the election petition. For convenience, the ranks of the parties as were referred in the election petition are maintained.

(3.) The election-petitioner filed and an election petition before the District Court, Balotra challenging the election of respondent No.1 for the post of Member of Ward No.11 of Panchayat Samiti, Sheo, Distt. Barmer on the ground that on the date of filing nomination, the respondent No.1 incurred disqualification under the Panchayati Raj Act, 1994 (for short, 'the Act of 1994') as he was facing criminal charge for the offence punishable with imprisonment for 5 years. In terms of Sec. 19(gg) of the Act of 1994, the respondent No.1 suffers disqualification on account of pendency of trial in respect of the offence punishable under Sec. 3 of the Prevention of Damage to Public Property Act, 1984 (for short, 'the PDPP Act').