Anjana Devi Sharma Wife Of Shri ... vs State Of Rajasthan
2021 Latest Caselaw 3428 Raj/2

                        (1 of 2)                                      [CW-4894/2021]


       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No.4894/2021

Anjana Devi Sharma Wife Of Shri Nand Kishore Sharma
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan & Others
                                                                 ----Respondent

For Petitioner(s) : Mr. Sandeep Singh Shekhawat For Respondent(s) : Mr. Ajay Gupta Mr. Anil Mehta, AAG

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

04/08/2021

The application (no.01/2021) stands already decided vide

order dated 19.04.2021. The same is consigned to record.

Learned counsel for the respondents has moved an

application (no.02/2021) under Article 226(3) of Constitution of

India for seeking vacation of an interim order passed by this court

and relies on the judgment passed in Rakesh Ghatiwal Versus

State of Rajasthan & Another, 2001 (1) RLW 546.

However, this court finds that the Full Bench has examined

this aspect at length in Smt. Sameera Bano Versus State of

Rajasthan & Others, 2007 (2) WLC 526 to hold that the pre

election disqualification can be adjudicated only in an election

petition. Learned counsel for the petitioner has also pointed out

that another Division Bench judgment passed in the case of

Baitul Bano Versus State of Rajasthan & others and

connected appeals, DB Civil Special Appeal (Writ)

(2 of 2) [CW-4894/2021]

No.388/2021 decided on 28.07.2021 and a similar view has

been taken.

In view thereof, the application moved for vacation of stay

stands dismissed.

The interim order dated 19.04.2021 is made absolute till

disposal of the writ petition.

List this case again on 08.09.2021.

(SANJEEV PRAKASH SHARMA),J

Karan/97

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