https://www.taxtmi.com/caselaws?id=306617 Under the Rajasthan Panchayati Raj Act and Rules, the majority held that a pre-election disqualification of a returned candidate can be challenged only by an election petition under Section 43 read with Rule 80, because Section 39(2) and Article 243F(2) concern disqualifications arising after election. The Court read Sections 19, 39, 43 and 117 with Article 243O to prevent parallel proceedings and to preserve the bar on questioning an election except by the prescribed petition. The dissenting view held that Section 39(2) covers both pre-election and post-election disqualifications, so the competent authority may also examine pre-election disqualification under Rule 23. en-us Mon, 02 Apr 2007 00:00:00 +0530 Tue, 14 Feb 2023 15:36:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=306617 Under the Rajasthan Panchayati Raj Act and Rules, the majority held that a pre-election disqualification of a returned candidate can be challenged only by an election petition under Section 43 read with Rule 80, because Section 39(2) and Article 243F(2) concern disqualifications arising after election. The Court read Sections 19, 39, 43 and 117 with Article 243O to prevent parallel proceedings and to preserve the bar on questioning an election except by the prescribed petition. The dissenting view held that Section 39(2) covers both pre-election and post-election disqualifications, so the competent authority may also examine pre-election disqualification under Rule 23. Case-Laws Indian Laws Mon, 02 Apr 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=306617