Smt. Pinky vs Sumitra
2021 Latest Caselaw 13029 Raj

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

(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/-

Powered by TCPDF (www.tcpdf.org)