MAHENDRA KUMAR Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS petition has been filed challenging the order of placing the petitioner under suspension vide order dated 12. 02. 2004 (Annexure-5) on the alleged ground that prima facie it has been proved that the petitioner was ineligible to contest the election and to hold the elected office of Panchayati Raj Institutions as he has been found disqualified under Section 19 (1) of Panchayati Raj Act, namely, that he had third child after the cut-off date i. e. , 27. 11. 1995.

(3.) SECTION 38 of the Act of 1994 deals with removal and suspension- (i) when a person or elected member refuses to act or becomes incapable of acting as such; or (ii) is found guilty of misconduct in the discharge of duties or any disgraceful conduct. Both the provisions of Sec. 38 do not refer to the disqualification to be incurred as prescribed in SECTION 19 (1) of the Act.