HARPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A writ of quo warranto issued by the Single Judge vide his order dt. 19.11.2007 which has resulted in displacing the present appellant from the membership and Pradhan of Panchayat Samiti, Buhana is subject matter of challenge in this appeal.

(2.) The present appellant filed his nomination paper for election to the membership of Ward No. 25, Panchayat Samiti, Buhana on 13.01.2005. In his declaration, he declared that no Court has ever taken cognizance against him in a criminal case and that no criminal case was pending against him. His nomination paper was accepted by the Returning Officer. The voting took place on 29.01.2005 and after counting of votes, on 08.02.2005, the appellant was declared as a member of ward No. 25, Panchayat Samiti, Buhana. Having been elected as a member of Panchayat Samiti, Buhana, he also contested the election of Pradhan, Panchayat Samiti and he was declared elected.

(3.) Dharam Singh the present respondent No. 2 who was an unsuccessful candidate from Ward No. 25, after about five months, made an application to the State Government that for the offences punishable under Sections 420, 467, 468 and 471 IPC, a first information report was registered against Harpal Singh the present appellant on 20.10.1995 with Police Station Kotwali, District Jhunjhunu and, thus, he was disqualified to contest such election in view of Section 19(gg) of the Rajasthan Panchayati Raj Act, 1994. That pursuant to the said first information report (407/95), the challan was filed against the present appellant on 07.04.1997 and the said Court took cognizance against the appellant for the aforementioned offences on 28.06.1997 and the charges were framed on 01.10.1999. Bereft of unnecessary details in respect of the proceedings having been taken by the State Government on the said application, suffice it to say, that before the Single Judge, the only aspect that was highlighted by the present respondent No. 2 in support of the writ petition was that the present appellant could not have been elected as a member of the Panchayat Samiti being disqualified and, therefore, he has no authority to hold the office of a Member, Panchayat Samiti and that of Pradhan, Panchayat Samiti, Buhana.