CWP-5794/2010 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. SB CIVIL WRIT PETITION NO.5794/2010 Narendra Singh Shekhawat Versus. State of Rajasthan and others DATE OF ORDER : 26/04/2010 HON'BLE MR. JUSTICE AJAY RASTOGI *** Ms. RDS Naruka, for petitioner. The petitioner, who is a defeated candidate in Panchayat Elections, has filed the instant writ petition assailing the election of respondent No.4 who was elected as Sarpanch of Gram Panchayat- Sihot Chhoti, Panchayat Samiti- Dhold, District- Sikar on the premise that the election of the respondent No.4 is suffered with pre-election dis-qualification as false affidavit had been filed by him and, as such, he should be declared to be disqualified in the election process initiated by the respondents. Even if what has been alleged by the petitioner is taken at its face value, in the opinion of this Court, the pre-election disqualification, if any, can only be challenged by a defeated candidate through Election Petition as provided under the provisions of the Rajasthan Panchayati Raj Act, 1994 and even otherwise, these being disputed questions of fact, cannot be examined by this Court under writ jurisdiction. Consequently, this Court finds no substance in the instant petition and it is hereby dismissed. However, the petitioner will be at liberty to avail the remedy available under law. [AJAY RASTOGI], J. Raghu/p.1/ 5794-CW-2010-final.doc