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Dinesh Kumar vs. State of Rajasthan

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Rajasthan Panchayati Raj Act, 1994–Sec. 19(gg)–Election is sought to set aside on the ground of pre-election disqualification–Respondent was charged for the offence u/s. 325 r/w. 149–Competent Court had framed the charge–Offence is punishable with the imprisonment of more than five years–This material fact was concealed while submitting the nomination paper–Petitioner is not a defeated candidate and he cannot challenge the election of respondent by way of filing the election petition–Remedy of judicial review under Art. 226 is available to a voter–Election of respondent is set aside by issuing the writ of quo warranto.