Rajasthan High Court
Akram Son Of Rujdaar vs Taufiq Khan Son Of Abdul Khan on 18 October, 2022
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13158/2022
Akram Son Of Rujdaar
----Petitioner
Versus
Taufiq Khan Son Of Abdul Khan & Ors.
----Respondents
For Petitioner(s) : Mr. KK Sharma Sr, Adv. with
Mr. MS Raj Purohit
For Respondent(s) : Mr. RK Mathur, Sr. Adv. with Mr.
Gajender Singh Rathore
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
18/10/2022
The matter come up on an application (IA No.1/22) filed by
the petitioner seeking injunction against the direction of the
learned Senior Civil Judge No.1, Tijara, District Alwar in election
petition No.38-09-2020 (CIS No.5/20) vide its judgment dated
25.08.2022 to the extent it declares the respondent no.1/ election
petitioner as returned candidate on the post of Sarpanch, Gram
Panchayat, Palpur, Tehsil Tijara, District Alwar.
Learned senior counsel for the petitioner, relying upon a co-
ordinate bench judgement of this court in the case of Smt.
Ummed Kanwar Vs. Prabhu Singh & Ors.; 2012(4) ALC
(Raj.)14, would submit that in case of multi-cornered contest,
the election petitioner or for that matter, any defeated candidate,
cannot be declared as elected member even if the election petition
is allowed and the returned candidate is held to be disqualified.
He, therefore, submits that direction of the learned Trial Court to
(2 of 2) [CW-13158/2022]
the extent the election petitioner is held to be the elected
Sarpanch, needs to be stayed.
Learned senior counsel for the respondent no.1 opposing the
prayer submits that Rule 87(1)(c) of the Rajasthan Panchayati Raj
(Election) Rules, 1994 authorizes the court to declare either the
election petitioner or any other defeated candidate as duly
elected. He, therefore, prays for dismissal of the application.
Heard. Considered.
This court in the case of Smt. Ummed (Supra) after
appreciating the provisions of the Rules 83 and 87 of the Rules of
1994 in the light of a constitution judgment of the Hon'ble Apex
Court of India in the case of Vishwanatna Reddy Vs. Konappa
Rudrappa Nadgouda & Anr (AIR 1969 CS 604) and another
judgment in case of Prakash Khandre Vs. Dr. Vijay Kumar
Khandre & Ors. [(2002) 5SCC 568], held that in case of multi-
cornered contest, even if the election petition is allowed, the
election petitioner or any other defeated candidate cannot be
declared as returned candidate.
In view of this indisputable legal position, the application
deserved to be allowed.
The application is allowed accordingly. Direction of the
learned Trial Court in its order dated 25.08.2022 whereby, the
election petitioner has been declared to be the elected Sarpanch
of the Gram Panchayat, Palpur, is stayed, till the disposal of this
writ petition. The consequences to follow.
Stay application also stands disposed of accordingly.
List on 22.11.2022 as jointly prayed.
(MAHENDAR KUMAR GOYAL),J
CHHAYA AWASTHI /301
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