Amlubai vs Bhayati
2021 Latest Caselaw 17514 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13808/2021

Amlubai W/o Sabirkhan, Aged About 25 Years, By Caste Musalman, Resident Of Ittada Panchayat Samiti, Dhanao, Tehsil Sedawa, District Barmer.

----Petitioner Versus

1. Bhayati W/o Abubkar, By Caste Musalman, Resident Of Itada Panchayat Samiti Dhanao, Tehsil Sedawa, District Barmer.

2. The Election Officer, (Panchayat) Barmer.

----Respondents

For Petitioner(s) : Mr. R.C. Joshi For Respondent(s) : Mr. R.J. Punia

JUSTICE DINESH MEHTA

Order

23/11/2021

1. By way of present writ petition, petitioner has challenged the

order dated 11.12.2020, passed by learned District Judge, Balotra,

vide which the election petition No.224/2020 has been transferred

to Additional District Judge No.1, Barmer.

2. Mr. Joshi, learned counsel for the petitioner submits that the

impugned order is clearly contrary to the judgment of this Court

rendered in the case of Poonam Kumhar Vs. Sumitra Jat & Ors.

reported in 2018(3) DNJ (Raj.) 1134.

3. Mr. Punia, learned counsel for the respondents is not in a

position to dispute the aforesaid position of law.

4. In view of the aforesaid, the writ petition is allowed.

(2 of 2) [CW-13808/2021]

5. The impugned order dated 11.12.2020 is hereby quashed

and set aside.

6. Learned District Judge is directed to transfer the case to the

competent Court in accordance with law including the judgment

rendered in the case of Poonam Kumhar (supra).

7. Requisite order be passed within a period of seven days from

receipt of the certified copy of the order instant.

8. Stay application as well as all interlocutory application(s)

stand disposed of accordingly.

(DINESH MEHTA),J 100-Rahul/-

Powered by TCPDF (www.tcpdf.org)