CW 8372/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.8372/06 Shyam Lal Saini Versus State & Ors. DATE OF ORDER : 31/07/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. N.S. Yadav, for petitioner Mr. Jinesh Jain, Govt. Counsel, for respondents *** Matter has come up on application for early hearing. The same stands allowed. With the consent of parties, it is finally decided at this stage. Petitioner is a defeated candidate. Municipal election of Ward Member of Municipality Losal, Tehsil Dataramgarh, District Sikar was held in August, 2005 in which respondent No.4 was elected. It appears that petitioner later on filed a complaint before the State Government that the elected candidate respondent No.4 was holding pre-disqualification at the time when he had filled his nomination form having more than two children after last cut-off date i.e. 27th November, 1995. Since no steps were taken by the authority, petitioner approached this court by CW 8372/06 [2] filing instant petition with the prayer that inquiry be held in accordance with provisions of the Act. Misc. application was filed by petitioner along with preliminary inquiry which was placed on record dt.28th July, 2006. Only prayer made is to conduct inquiry and take appropriate steps in accordance with law. Since preliminary inquiry has been conducted by the respondents, certainly it will follow further action in pursuant thereto and if the petitioner is aggrieved by preliminary inquiry report, he is free to assail the same in the independent proceedings available to him under law. With the above observations, writ petition stands disposed of. [AJAY RASTOGI], J. FRBOHRA8372CW06 31-7.doc