SAMEERA BANO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A significant question of law-whether the dispute relating to any pre-election disqualification can be adjudicated only in an election petition before the District Judge under Section 43 of the Rajasthan Panchayati Raj Act, 1994 read with rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 or it can also be adjudicated by the authority under Rule 23 of the Rajasthan Panchayati Raj Rules, 1996 read with Section 39(2) of the Rajasthan Panchayati Raj Act, 1994 - is involved in these three special appeals. The point being common the appeals were heard together and are disposed of by this common judgment.

(2.) The representative facts may be noticed from D. B. special Appeal (W) No. 236/2006 which was argued as the leading case.

(3.) The appellant filed writ petition, S. B. Civil Writ Petition No. 9758/2005, for quashing the enquiry initiated by the Chief Executive Officer (CEO), Zila Parishad Jhunjhunu. She was informed that the preliminary enquiry held by the Additional Chief Executive Officer, Zilla Parishad Jhunjhunu disclosed that third child was born to the appellant after 27-11-1995; if she so desired, she could appear for personal hearing on the date fixed viz. 16-12-1995, and submit her show-cause and produce evidence failing which the enquiry would be concluded ex parte. It is relevant to mention here that having more than two children-born after 27-11-1995 is a disqualification for election as panch or member of the Panchayati Raj Institution under Section 19(1) of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act').