Shrimati W/O Prakash vs Hema Alias Hemlata W/O Vijayveer ...
2021 Latest Caselaw 7300 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Civil Writ Petition No. 13739/2021
Shrimati W/o Prakash, Aged About 53 Years, Resident Of Kurka,
Panchayat Samiti Uchchain And Tehsil Roopwas, District
Bharatpur (Raj.)
                                                                   ----Petitioner
                                   Versus
1.     Hema Alias Hemlata W/o Vijayveer Singh, Aged About 32
       Years, Resident Of Kurka, Panchayat Samiti And Tehsil
       Roopwas, District Bharatpur (Raj.)
2.     District Election Officer             (Panchayat),        Cum     District
       Collector, Bharatpur (Raj.)
3.     Returning Officer, Village Panchayat Kurka, Panchayat
       Samiti Uchchian, District Bharatpur (Raj.) Through
       District Election Officer (Panchayat Cum District
       Collector), Bharatpur (Raj.)
                                                                ----Respondents

For Petitioner(s) : Mr. Suresh Pareek, Sr. Adv. assisted by Mr. Nachiketa Pareek For Respondent(s) :

HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order

07/12/2021

1. Petitioner has preferred this Writ Petition aggrieved by order

dated 01.11.2021, passed by Chief Judicial Magistrate, Bharatpur

whereby the Court is proceeding in the election petition filed by

the respondent.

2. It is contended by counsel for the petitioner that the

respondent earlier also filed an election petition against the

present petitioner on the ground that petitioner had forged her 8 th

Class Mark-sheet. It is also contended that the election petition

was allowed and the election of petitioner was set aside against

which the Writ Petition is pending before the Rajasthan High

Court. It is further contended that thereafter in the year 2020 also

(2 of 2) [CW-13739/2021]

petitioner contested the election and was declared as a Sarpanch.

The respondent who lost the election has again challenged the

present election by filing the election petition.

3. It is also contended that the present election is also

challenged on the same ground and since earlier writ petition is

pending, the continuation of the proceedings in the present

election petition would be futile effort.

4. I have considered the contention.

5. As far as the present election is concerned, the respondent

has taken a plea that petitioner is facing trial, where sentence

provided for is five years and more and thus she is not entitled to

contest the election. As far as earlier election is concerned, that

was set aside by the Court below, the plea that Writ Petition is

pending, hence the present proceedings should also be stayed, is

not justified more particularly when the present election petition is

filed on the ground that petitioner is facing criminal case where

sentence provided is more than five years.

6. The impugned order dated 01.11.2021 merely afforded an

opportunity to the petitioner to cross-examine the witness, no

ground is made out for challenging the order dated 01.11.2021.

Further no ground is made out for staying the proceedings which

are pending before the Court below in the election petition

whereby election of the petitioner is challenged. The Writ Petition

is devoid of any merit. The same is dismissed.

7. Accordingly, Civil Writ Petition is dismissed. Stay application

also stands disposed of.

(PANKAJ BHANDARI),J ARTI SHARMA /37

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