SANTOSH KUMARI & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) At the outset we record that at the hearing held on 10.7.2018 Mr.Anand Purohit, Senior Counsel made a statement that challenge to the vires of Sub-section(4) of Section 38 of the Rajasthan Panchayati Raj Act, 1994 laid in D.B.Civil Writ Petition No.9467/2017 is given up and he adopted the arguments advanced by Mr.G.R.Punia, Senior Counsel in the connected appeals.

(2.) In the captioned appeals the appellants were elected as Panch or Sarpanch of different Gram Panchayats or member of Zila Parishad in the State of Rajasthan in the elections conducted in February, 2015. Required by Clause (a) of Section 19 of the Rajasthan Panchayati Raj Act, 1994 to have attained the age of 21 years and as per Clause (r) and (t), to have passed Secondary school examination or passed Class-VIII (depending upon whether the person was to become a member of a Zila Parisahd or a Panchayat Samiti or a Sarpanch or a Panch), the appellants submitted documents in proof of they being eligible to contest elections. They were successful and were elected as Panch or Sarpanch.

(3.) Complaints were made to the police authorities regarding the certificates produced by the appellants. These complaints were made after the elections were held and results were declared. After investigation the police filed charge-sheets alleging, amongst others, offences punishable under Sections 420/468/471 IPC being committed by the appellants. Cognizance was taken and charges have been framed.