HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4615/2021 Bhagirath Ram S/o Shri Dhanna Ram, Aged About 73 Years, By Caste- Jat, R/o Gram Sargot, Padampura, Tehsil-Kuchaman, District- Nagaur.
----Petitioner Versus
1. Sahadev S/o Shri Moola Ram, By Caste- Jat, R/o Jochina, Tehsil-Jayal, District-Nagaur.
2. The Election Officer (Collector), Zila Parishad, Nagaur.
3. Dharmendra Choudhary S/o Shri Ram Niwas Choudhary, By Caste- Jat, R/o Latiyalo Ka Mohalla, Merta Road, Tehsil-Merta, District- Nagaur.
----Respondents For Petitioner(s) : Mr. Rakesh Arora For Respondent(s) : Mr. J.S. Choudhary, Sr. Advocate assisted by Mr. Pradeep Choudhary Mr. Rajendra Kataria HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order 27/08/2021 Learned counsel for the petitioner submits that as per proviso of Sub-section (1) of Section 43 of the Rajasthan Panchayati Raj Act, 1994, the District Judge can transfer the election petition for hearing and disposal to a Civil Judge or Additional Civil Judge (Senior Division) but not to Additional District and Sessions Judge. It is argued 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 (Downloaded on 27/08/2021 at 08:47:07 PM) (2 of 2) [CW-4615/2021] Poonam Kumhar (Supra), the impugned order dated 18.01.2021 passed by learned District Judge, Merta 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 18.01.2021 passed by learned District Judge, Merta is hereby quashed. The District Judge, Merta 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 154-BJSH/-
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