High CourtsSingle Bench(2010) 10 RAJ CK 0047

Mana Ram vs State of Rajasthan and Others

Rajasthan High Court · Decided on 22 October 2010

HON’BLE JUDGES
Govind Mathur, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 8757 of 2010

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Judgment

3 paragraphs · 193 words

Govind Mathur, J.—By this petition for writ a direction is sought to remove the Respondent No. 5 Smt. Durga from the office of Sarpanch, Gram Panchayat, Gudalas by declaring her disqualified as per provisions of Section 19 of the Rajasthan Panchayati Raj Act, 1994.

2.

As per the Petitioner, who also happens to be husband of the Respondent No. 5, the Respondent No. 5 made certain wrong averments in the nomination form. It is stated that on the date the nomination form for election was filed the Petitioner was lacking age required to contest the election for a Panchayati Raj Institution. To substantiate the contention certain documents are placed on record. The genuineness of such documents cannot be examined by this Court while exercising powers under Article 226 of the Constitution of India. Without getting those documents adjudicated it cannot be said that the averments made in the nomination form are false. In such circumstances I am not inclined to interfere with the matter under writ jurisdiction of this Court.

3.

The petition for writ, therefore, is dismissed. The Petitioner shall be having liberty to approach appropriate forum/remedy for redressal of his grievance.