Shivraj Jat vs Jagdish Jat
2021 Latest Caselaw 11047 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18893/2019

Shivraj Jat S/o Shri Bhanwar Lal Jat, Aged About 28 Years, By Caste Jat, Resident Of Kanda, Jato Ka Mohalla, Panchayat Samiti Suwana, Bhilwara.

----Petitioner Versus

1. Jagdish Jat S/o Shri Nandram Jat, Resident Of Kanda, Jato Ka Mohalla, Panchayat Samiti Suwana, Bhilwara.

2. Rajmal Jagetiya S/o Shri Kalyanmal Jagetiya, Resident Of Kanda, Jato Ka Mohalla, Panchayat Samiti Suwana, Bhilwara.

3. Satya Narayan Choudhary S/o Shri Bheru Jat, Resident Of Maheshpura, Panchayat Samiti Suwana, Tehsil And District Bhilwara.

4. District Election Officer (Collector) Bhilwara, C/o Returning Office Gram Panchayat Kanda, Bhilwara.

5. Anupam Upadhyay S/o Shri Kailash Chandra Upadhyay, Returning Officer, Lecturer, Government Sr. Secondary School, Salawatiya, Tehsil Bijoliya, District Bhilwara.

----Respondents

For Petitioner(s) : Mr. B.L. Choudhary

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

16/07/2021

This writ petition has been preferred on behalf of the

petitioner challenging the order dated 15th November, 2019 passed

by the Additional Senior Civil Judge No.2, Bhilwara (hereinafter to

be referred as 'the tribunal') in Civil Misc. Suit (Election Petition)

06/2016, whereby the election petition preferred on behalf of the

respondent No.1 under Section 43 of Rajasthan Panchayati Raj.

Act, 1994 read with rule 80 of Rajasthan Panchayati Raj (Election)

(2 of 2) [CW-18893/2019]

Rules, 1994 has been partly allowed and the election of the

petitioner for the post of Sarpanch of Gram Panchayat, Kanda

Panchayat Samiti, Suvana Tehsil and District Bhilwara has been

declared null and void.

It appears that the elections for the post of Sarpanch of

Gram Panchayat, Kanda Panchayat Samiti, Suvana Tehsil and

District Bhilwara were held on 01.02.2015 and the petitioner was

elected for the said post for a period of five years and the said

period of five years has already expired.

In view of the above, this Court is of the opinion that by

efflux of time this writ petition become infructuous.

Accordingly, this writ petition is dismissed as having become

infructuous.

(VIJAY BISHNOI),J

24-Arun/-

Powered by TCPDF (www.tcpdf.org)