Kanya Bai Wife Of Shri Phoolchand ... vs Ram Singh Son Of Shri Prabhu Singh ...
2021 Latest Caselaw 6209 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               D.B. Special Appeal Writ No. 911/2021

Kanya    Bai   Wife     Of     Shri      Phoolchand          Mali,    Resident   Of
Madanpuriya,     Tehsil      Aklera,      Police     Station      Aklera,   District
Jhalawar (Raj.).
                                                                       ----Appellant
                                      Versus
Ram Singh Son Of Shri Prabhu Singh Kirad, Aged About 60
Years, Resident Of Gehu Khedi, Tehsil Aklera, Police Station
Aklera, District Jhalawar (Raj.).
                                                                     ----Respondent

For Appellant(s)           :     Mr. Prakhar Gupta
For Respondent(s)          :     Mr. Virender Godara

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE KUMARI JUSTICE REKHA BORANA

Judgment

08/11/2021

This appeal is filed by the original respondent to

challenge an interim-order dated 04/09/2021 passed by the

learned Single Judge in S.B. Civil Writ Petition No.9642/2021. By

the said order, the learned Judge having prima-facie doubted

about the power of the District Judge to transfer an election

petition challenging the election of a Member of Panchayat to

Additional District & Sessions Judge, the decision of the District

Judge has been stayed. While doing so, the learned Judge has

been pleased to issue notice of the petition as well as stay

petition, returnable within six weeks. Interim protection was also

ordered to continue till the next date of hearing, which we believe

(2 of 2) [SAW-911/2021]

must have been extended lateron since there is no further hearing

of the petition.

Learned counsel for the appellant submitted that as per

provisions of the Rajasthan State Panchayati Raj Election Rules,

1994, it is open for the District Judge to transfer an election

petition to the Additional District Judge. The election of the

original petitioner was set-aside by the District Judge on the

ground that he was disqualified, having more than two children.

On the other hand, learned counsel for the original petitioner

submitted that the learned Judge has not examined the issues on

merit and at this interim stage, this Division Bench should not

interfere.

Since this appeal is filed at a stage where the interim-order

passed by the learned Single Judge is not yet even confirmed to

annure till final decision of the writ petition, keeping all issues and

contentions of both the sides open to be raised before the learned

Single Judge, this appeal is disposed of. If the appellant requests

the learned Single Judge for the interim relief pending the petition,

considering the challenge involved in the writ petition, the learned

Judge may look into the issues involved, ofcourse subject to the

availability of time.

With these observations, the appeal is disposed of.

                                    (REKHA BORANA),J                                                    (AKIL KURESHI),CJ

                                   Anil Goyal-PS/BM Gandhi-PS/9









Powered by TCPDF (www.tcpdf.org)