KRISHNA KUMAR AHIR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A writ of quo-warranto has been sought against election of the non-petitioner No. 2 on the post of Sarpanch of the Gram Panchayat of Jakharana Tehsil Behror, District Alwar.

(2.) Learned Counsel submits that the petitioner contested the election for post of Sarpanch where non-petitioner No. 2 remained successful, though, he was not eligible to contest the election. It was for the reason that a criminal case was pending against him where charges were framed before submission of nomination form. The fact aforesaid was suppressed by the non-petitioner No. 2 and could reveal to the petitioner recently. In view of the above, he has preferred writ petition of quo-warranto to declare election of the non-petitioner No. 2 to be illegal and void ab initio. He was not eligible to contest the election in view of Section 19(gg) of the Rajasthan Panchayati Raj Act, 1994 (for short "the Act of 1994").

(3.) Learned Counsel submits that remedy of election petition was available to him, but, the fact about pendency of criminal case against non-petitioner No. 2 could reveal recently thus an election petition could not be filed due to expiry of limitation. The petitioner has maintained this writ petition in the light of the judgment of this Court in the case of Dharam Singh v. State of Rajasthan and Ors. in S.B. Civil Writ Petition No. 3074/2006 decided on 19.11.2007 . Therein, various judgments of the Apex Court and other High Courts were referred to hold writ of quo-warranto to be maintainable, if a person could not avail remedy of election petition. In view of the above, the writ petition is maintainable and, accordingly, a writ of quo-warranto be issued.