Laxmi Narain Meena vs The State of Rajasthan and Others

Mohammad Rafiq, J.—The petitioner has challenged the order dt. 10.12.2003 (Annex. 6) passed by respondent No. 2 - the Divisional Commissioner, Jaipur, by which the petitioner was declared disqualified to continue as Sarpanch of Panchayat Dabich, Panchayat Samiti, Phagi, District, Jaipur while exercising power under Sec. 38(1)(b) and Section 39 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as the Act of 1994). The writ petition was filed in the year 2004.

Learned counsel for the petitioner prays for deciding the writ petition on merit. He further submitted that the disqualification in view of Section 38(3) of the Rajasthan Panchayati Raj Act would be a bar for the petitioner to contest the elections.

As per Section 38(3) of the Act of 1994 the member or the chairperson or the deputy chairperson removed under sub-section (1) or against whom findings have been recorded under the proviso to that sub-section, shall not be eligible for being chosen under this Act for a period of five years from the date of his removal or, as the case may be, the date on which such findings are recorded.

Since the period of five years has already been expired on 10th December, 2008, therefore, regarding the issue of disqualification, the matter only remains academic. The petition is, therefore, dismissed as having become infructuous. Stay Application also stands disposed of.