MUKESH KUMAR AJMERA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition and the other eleven writ petitions mentioned in the Schedule, raise the common controversies, namely (i) the validity of Section 19 (L) read with Section 39 of the Rajasthan Panchayati Raj Act, 1994; (ii) the legality and correctness of the orders passed by the respective Chief Executive Officer, by which the petitioners were declared disqualified; and (iii) the jurisdiction of the Chief Executive Officer to hold an enquiry in the matter of declaring a Panch or a Member of the Panchayat Raj Institution to continue as the Sarpanch as he has incurred the disqualification on account of birth of an additional child in the family raising the number of the children to more than two. As all these writ petitions involve the common questions of law and facts, therefore, they are being disposed of by this common judgment.

(2.) The petitioner was declared elected as the Sarpanch of Gram Panchayat, Banera (district Bhilwara) on 4-2-95. While he was acting as the Sarpanch, a notice dated 9-7-96 issued under Section 39(2) of the Rajasthan Panchayati Raj Act, 1994, (hereinafter referred as 'the Act') was served on the petitioner on 12-2-96 stating therein that on account of increase in the number of the children in the family to more than two after 27-11-95 the petitioner has rendered himself' ineligible to hold the Office of the Sarpanch and, therefore, why he should not be declared disqualified' to hold the Office of the Sarpanch of Gram Panchayat, Banera?

(3.) The petitioner filed reply to this notice challenging the jurisdiction of the Chief Executive Officer to hold the enquiry on the grounds that (i) no notification has been issued declaring the Chief Executive Officer to be the competent authority under Section 2(vii) of the Act; (ii) the enquiry can be conducted only by the Judicial Authority under Section 40 of the Act as the petitioner does not admit the allegations made in the notice; and (iii ) copy of the complaint has not been supplied to him.