D.B. CIVIL WRIT PETITION NO.2083/2007 Date of Order :: July 30, 2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Ms. Anisha Jain for the petitioner(s). Mr.B.L. Avasthi,Addl.Govt.Counsel for the respondent(s) *** The petitioner was elected as Sarpanch of Gram Panchayat Godiawas, Tehsil and District Ajmer. In this writ petition, he has assailed the notice issued to him on 27.2.2007 proposing to hold enquiry against him regarding disqualification incurred by him on account of birth of third child in his family on 1.7.2000. According to the respondents, he was not eligible to contest the election of Ward Panch in view of the provisions contained in Section 19(l) of the Rajasthan Panchayati Raj Act, 1994, and therefore, he can be proceeded against in enquiry under Section 39(2) read with Section 33 of the Act of 1994. Learned counsel for the petitioner has relied upon the judgment of Larger Bench of this Court in Smt. Sameera Bano Vs. State of Rajasthan & Ors., WLC(Raj) 2007(2) 526 and has argued that this Court in the aforesaid judgment has held that if the alleged disqualification relates to the period anterior to the date of election, the elected representative cannot be proceeded against in an administrative enquiry under Section 39 and the proper forum for adjudication of such a dispute would be only by way of election petition. In our view, the controversy raised in this petition is squarely covered by the aforesaid judgment of the Larger Bench of this Court. -2- In the result, the writ petition is allowed. The notice dated 27.2.2007 is quashed and set aside in terms of the aforesaid judgment. (MOHAMMAD RAFIQ),J. (NARAYAN ROY),CJ. Skant/-