HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3949/2021 Smt. Pinky W/o Shri Anup Kumar, Aged About 30 Years, Resident Of Village Nawan, Tehsil Rajgarh, District Churu, At Present Sarpanch, Gram Panchayat, Nawan, Tehsil Rajgarh, Churu (Raj.).
----Petitioner Versus
1. Sumitra W/o Late Shri Ram Chandra, Aged About 57 Years, Resident Of Village Village Nawan, Tehsil Rajgarh, District Churu.
2. District Election Officer (Collector), Churu.
3. Returning Officer (Panchayat), Rajgarh, District Churu.
----Respondents For Petitioner(s) : Mr. G.R. Punia, Sr. Advocate assisted by Mr. Mahaveer Bhanwariya For Respondent(s) : Mr. Hardik Gautam HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order 24/08/2021 The matter comes up on an application for deciding the writ petition finally.
For the reasons mentioned in the application, the application is allowed. With the consent of parties, the matter is heard and decided finally.
Learned counsel for the petitioner submits that the controversy involved in the writ petition is covered by the decision of co-ordinate Bench of this Court in the case of Poonam Kumhar Vs. Sumitra Jat & Ors reported in 2018(3) DNJ (Raj.) 1134. It is submitted that in the light of judgment rendered in the case of Poonam Kumhar (Supra), the impugned order dated 03.11.2020 (Downloaded on 26/08/2021 at 08:25:03 PM) (2 of 2) [CW-3949/2021] passed by learned District Judge, Churu and all the proceedings drawn by learned Senior Civil Judge, Rajgarh may be quashed.
Learned counsel for the respondent does not dispute the proposition.
Accordingly, the present writ petition is disposed of in the light of the judgment rendered in the case of Poonam Kumhar (Supra). The impugned order dated 03.11.2020 passed by learned District Judge, Churu and all the proceedings drawn by learned Senior Civil Judge, Rajgarh are hereby quashed. The District Judge, Churu shall be at liberty to pass an appropriate order for transferring the election petition for hearing and disposal to the appropriate Court in conformity with the provisions of Section 43 of the Rajasthan Panchayati Raj Act, 1994.
(MANOJ KUMAR GARG),J 149-BJSH/-
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