D.B.CIVIL WRIT PETITION NO. 1451/2007 Ghanshyam Dhakad v. State of Rajasthan & ors. Date of order : 15.09.2008. HON'BLE THE CHIEF JUSTICE MR. NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ . . . Mr. Amardeep Atwal for the petitioner Mr. Laxman Madnani for respondent no.5 Mr. B.L.Awasthi, Addl. Govt. Advocate Learned counsel for the parties are ad idem that controversy raised in this appeal is squarely covered by a Full Bench decision of this Court in Smt. Sameera Bano v. State of Rajasthan & ors., 2007 (2) WLC (Raj.) 526. The Full Bench in the aforesaid case held that an elected representative of Panchayati Raj Institution cannot be removed by an administrative action under section 39 of the Rajasthan Panchayati Raj Act. If the disqualification on the basis of which he/she is sought to be removed pertains to the period anterior to the date of election. In the present case the election has taken place on 5.2.2000 whereas the third child is stated to have been born to the petitioner on 8.5.1998, much before the date of election. The appellant has been removed on the basis of violation of Section 19 (l) of the Rajasthan Panchayati Raj Act which could be a ground for challenging his election by way of election petition. - 2 - In view of the aforesaid judgment passed by Full Bench of this Court, the orders dated 16.1.2007 and 22.2.2007 cannot be sustained and the same are accordingly quashed and set aside. The writ petition is accordingly allowed. (MOHAMMAD RAFIQ), J. (NARAYAN ROY), C.J. mathur/