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Judgment
The instant writ petition has been filed by the petitioner challenging the order dt. 9th January, 2020, whereby candidature of the petitioner to contest
election on the post of Sarpanch has been rejected in view of Section 19 (gg) of the Rajasthan Panchayati Raj Act, 1994.
Counsel for the petitioner submitted that the petitioner had candidly disclosed, while filling nomination form, that a criminal case under Section 420,
406, 120B I.P.C. was pending against him in a competent criminal court wherein charges were also framed under these Sections.
Counsel submitted that the respondents while considering the case of the petitioner for his eligibility have not kept in mind that sentence & punishment
provided under Section 420 IPC is maximum upto 7 years and there is no minimum punishment.
Counsel submitted that intention of Section 19 (gg) of the Panchayati Raj Act, 1994 is to render the candidates disqualified against whom cognizance
of offence is taken and charges were framed and the same offence should be punishable with imprisonment of 5 years or more.
Counsel submitted that since there is no minimum punishment for the offence under Section 420 IPC, the respondents ought to have permitted the
petitioner to contest the election.
I have heard the submissions made by counsel for the petitioner and perused the material available on record.
This Court finds that candidature of the petitioner has rightly been rejected by the respondents and if the charge, against the petitioner under Section
420 IPC, has been framed, where punishment can be upto 7 years imprisonment, the same is punishable for more than 5 years, which is a
disqualification, as per requirement of Section 19 (gg) of the Rajasthan Panchayati Raj Act, 1994.
The petition is wholly devoid of merit and the same is dismissed, accordingly.