SAHIRAM Vs. RAJASTHAN STATE

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution by Sahiram in an election matter.

(2.) SAHIRAM stood as a candidate for election for the office of Sarpanch of the village Panchayat of Dalpatpura. There was an objection by another candidate kurdaram that he was disqualified under Section 11 (g), Rajasthan Panchayat Act, 1953. This objection was upheld by the returning officer. The present application is directed against this decision of the returning officer. The applicant contends that he has no remedy under Rule 19 of the Panchayat election Rules, 1954 by means of an election petition and has, therefore, come to this Court.

(3.) WE agree that the applicant has no remedy under Rule 19 of the Panchayat election Rules and his application is, therefore, maintainable before us, as he is not a defeated candidate.