IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH SB Civil Writ Petition No.4247/2010 Satpal Vs. The State and others. DATE OF ORDER : 30/03/2010 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. VS Badhwar, for petitioner. The petitioner contested the election of Sarpanch, Village Panchayat, Sareta, Panchayat Samiti- Tijara, District- Alwar held on 22/01/2010, however, the respondent No.4 was elected as Sarpanch.
Counsel submits that the respondent No.4, holds pre-disqualification and he concealed material fact that he was not having more than two children while submitting his nomination form.
In the opinion of this this Court, after the judgment of this Court in the case of Sameera Bano Vs. State of Rajasthan & ors, reported in 2007(2)WLC (Raj.) Page 526, if a candidate elected holds pre-disqualification, the only remedy lies with the person who contested and participated in the election process, is filing of the election petition under the relevant Rules.
In view of the effective alternative remedy of filing of the election petition being available to the petitioner, this Court is not inclined to entertain the present writ petition and the same is accordingly dismissed.
[AJAY RASTOGI], J.
Raghu/p.1/4247-CW-2010-final.do