Bhagirath Ram vs Sahadev
2021 Latest Caselaw 13183 Raj

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

(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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