Rajasthan High Court
Gyan Singh S/O Late Shri Ladu Singh vs Smt. Sarju Devi W/O Shri Mahendra ... on 29 September, 2022
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14100/2022
Gyan Singh S/o Late Shri Ladu Singh, Aged About 70 Years, R/o.
Village Badliya, Tehsil And District- Ajmer.
----Petitioner-Non-Applicant No.2
Versus
1. Smt. Sarju Devi W/o Shri Mahendra Singh, Aged About
31 Years, R/o. Village Badliya, Tehsil And District- Ajmer.
-----Respondent-Applicant
2. Chief Election Officer (Panchyat) Ajmer, District- Ajmer.
-----Respondent-Non-Applicant No.1
3. Returning Officer, Gram Panchyat Badliya, Panchyat
Samiti Ajmer, Gramin, District - Ajmer Through District
Election Officer (Panchyat) State Election Commission,
Collectrate Premises, Ajmer.
----Respondent-Non-Applicant No.3
For Petitioner(s) : Mr. Dinesh Kala
For Respondent(s) : Mr. Lokesh Kumar Verma with
Mr. Pradeep Sharma
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
29/09/2022
This writ petition assails the order dated 07.09.2022 passed
by the learned District Judge, Ajmer in Civil Misc. (Election
Petition) No.159/2022 whereby, an application filed by the
petitioner/non-applicant no.2 under Order 14 Rule 5 read with
Section 151 CPC has been dismissed.
The relevant facts in brief are that the respondent no.1 filed
an election petition assailing the election of the petitioner as
Sarpanch Gram Panchayat Badliya, Panchayat Samiti Ajmer Rural,
District Ajmer on the ground of concealment of correct facts as to
(2 of 3) [CW-14100/2022]
number of his children. On the basis of pleadings of the parties,
the learned Election Tribunal framed five issues including relief.
Issue No.1 pertains as to whether election of the petitioner is
liable to be declared illegal and void for the reasons stated in the
election petition. An application filed by the petitioner under Order
14 Rule 5 read with 151 CPC seeking amendment in the Issue
No.1, has been dismissed by the learned District Judge vide its
order dated 07.09.2022, impugned herein.
Learned counsel for the petitioner submitted that the Issue
No.1 was framed by the learned District Judge dehors the
pleadings of the parties. Placing reliance upon a judgment of
Hon'ble Apex Court of India in case of Makhan Lal Bangal vs.
Manas Bhunia and Ors.: AIR 2001 Supreme Court 490,
learned counsel submitted that learned Court was obliged to frame
specific issue in an election petition; whereas, the Issue No.1 is
very vague and omnibus. He, therefore, prayed that the writ
petition be allowed, the order dated 07.09.2022 be quashed and
set aside and the application filed by him be allowed.
Per contra, learned counsel for the respondent no.1/applicant
opposing the prayer submitted that learned Election Tribunal has
rightly dismissed the application filed by the petitioner and the
writ petition also deserves to be dismissed.
Heard. Considered.
Learned Election Tribunal has dismissed the application filed
by the petitioner seeking amendment in the Issue No.1 on the
premise that the amendment sought is implicit in the Issue No.1
already framed. Indisputably, the sole ground of assailing the
election of the petitioner in the election petition is
(3 of 3) [CW-14100/2022]
concealment/misrepresentation of true facts as to number of
children of the petitioner at the relevant date and in view thereof,
this Court concurs with the view taken by the learned Election
Tribunal that the amendment sought by the petitioner in the Issue
No.1 is already implicit in the Issue No.1. The judgment in case of
Makhan Lal Bangal (supra) is of no help to the petitioner
inasmuch as in that case, number of corrupt practices were
alleged by the petitioner in the election petition which were denied
by the defendants and in view thereof, the Hon'ble Apex Court of
India held that the distinct issue should have been framed for
each one of the corrupt practices, whereas, no such situation is
obtaining in the present case.
This Court is not satisfied that the order impugned suffers
from any perversity or jurisdictional error so as to warrant
interference of this Court under its writ jurisdiction.
The writ petition is dismissed accordingly.
(MAHENDAR KUMAR GOYAL),J
MADAN/S-287
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