CW6141/2009 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.6141/2009 Rajendra Kumar Verma Vs. The State of Rajasthan and Others Date of Order ::: 13.12.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Rakesh Kumar Sharma, Counsel for petitioner Shri Jinesh Jain, Government Counsel for respondents #### By the Court:- Learned counsel for petitioner has relied upon Full Bench judgment of this Court in Smt. Sameera Bano Vs. State of Rajasthan and Others – WLC (Raj.) 2007 (2) 526 and argued that proceedings under Section 63 of Rajasthan Municipalities Act, 1959 cannot be held against petitioner for purpose of removal on alleged disqualification, which is shown to have occurred prior to date of election and only remedy for such nature of disqualification would be to challenge election by way of election petition. Shri Jinesh Jain, learned Government Counsel, on contrary, has argued that there is no restriction even according to full bench judgment of this Court in Smt. Sameera Bano's case (supra) that proceeding under Section 63 (3) of Rajasthan Municipalities Act can be continued for purpose of awarding penalty other than removal and that CW6141/2009 // 2 // judgment in Smt. Sameera Bano's case has to be read accordingly. Upon hearing learned counsel for parties, I find that distinction that is sought to be made by learned Government Counsel in the case of Smt. Sameera Bano (supra) is without any basis because what has been held in Smt. Sameera Bano's case by the full bench is that question of alleged disqualification can be adjudicated only in election petition under Section 43 of Rajasthan Municipalites Act read with Rule 80 of Rajasthan Panchayat Raj Rules and cannot be adjudicated by authority under Section 63 of the Act. Submission made by learned Government counsel is in fact based on minority view taken by one of Hon'ble Judges but majority view did not accept that proposition In result, this writ petition is allowed. Impugned order dated 12.05.2009 (Annexure-7) is quashed and set-aside. (Mohammad Rafiq) J. //Jaiman//