SBCWP 2993/2007. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R Kishan Chand Meena Versus State and ors. S.B. CIVIL WRIT PETITION NO.2993/2007 Date of Order : 4/5/2007. PRESENT HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mrs. Sonia Shandilya for the petitioner. Shri B.S. Chhaba, Deputy Government Advocate for the State. ****** Heard learned counsel for the petitioner. Admit. Issue notice. Shri B.S. Chhaba, Deputy Government Advocate accepts notice on behalf of the State. The petitioner is challenging the notice dated 14/3/2007 and the charge- sheet issued to him. The controversy raised in this matter is squarely covered by the Larger Bench judgment of SBCWP 2993/2007. 2 this Court in Smt.Sameera Bano Vs. State of Rajasthan & Ors. : W.L.C. 2007(2) 526 in which the Large Bench held as under:- “Pre-election disqualification can be adjudicated only in an election petition u/S.43 r/w Rule 20 of Rajasthan Panchayati Raj (Election) Rules; and can not be adjudicated by authority u/s.39(2) r/w rule 23 of said Rules“. With the above observations, the Larger Bench answered D.B.Civil Special Appeal (Writ) No.530/2001, D.B.Civil Special Appeal (Writ) No.674/2001 and D.B. Civil Special Appeal (Writ) No.289/2002 and other similar cases. In the light of the aforesaid judgment, the writ petition is allowed and the impugned-notice dated 14/3/2007 (Ann.4), Preliminary Inquiry Report (Ann.3) and Charge-sheet (Ann.2) are quashed and set-aside. (MOHAMMAD RAFIQ), J. anil