RAMKANYA Vs. CIVIL JUDGE

JUDGEMENT

(1.) THAT by the instant writ petition the petitioner has challenged the order dated 15. 10. 2005 passed by the Election Tribunal Civil Judge (Sr. Div.), Karauli, whereby the election filed by the petitioner against the respondent No. 2 Smt. Chandra Kala has been rejected.

(2.) THE case of the petitioner before the Election Tribunal was that the respondent No. 1 Smt. Chandra Kala was disqualified under Section 19 (gg) and (m) of the Rajasthan Panchayati Raj Act, 1994 (for short, "the Act") to contest the election of Gram Panchayat Naroli Dang on the date of filing the nomination paper for the same on 30. 1. 2005 on account of pendency of criminal case for offence under Section 419, 467, 468, 471 and 120-B IPC, wherein the cognizance was taken on 19. 1. 2002 and charge has been framed for offence under Sections 467 & 120-B IPC on 13. 10. 2004.

(3.) THE submission of the counsel for the respondents is that the Respondent No. 1 has been acquitted on account of compromise which will relate back to the date of nomination. He further placed reliance on judgment of Vidya Charan Shukla (supra ).