Praga Ram vs Anshi Devi ...
2023 Latest Caselaw 7776 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 773/2023

Praga Ram S/o Shri Mana Ram, Aged About 69 Years, R/o Sardargarh, Tehsil & District Jalore, Rajasthan.

----Appellant Versus

1. Anshi Devi W/o Shri Bhima Ram, Resident of Sardargarh, Tehsil & District Jalore, Rajasthan.

2. District Election Officer (Panchayat) (Collector), District Jalore, Rajasthan.

3. Returning Officer, Gram Panchayat Shantipura, Election 2020, Panchayat Samiti Jalore, District Jalore through District Collector, Jalore, Rajasthan.

4. Smt. Mangani Devi W/o Shri Bheem Ram, Resident of Sardargarh, Tehsil & District Jalore, Rajasthan.

5. Ghanshyam Singh S/o Shri Parbat Singh, Resident of Maheshpura, Tehsil & District Jalore, Rajasthan.

6. Magana Ram S/o Shri Hemata Ji, Resident of Shantipura, Tehsil & District Jalore, Rajasthan.

7. The District Judge cum Election Tribunal Jalore, Rajasthan.

                                                                    ----Respondents


For Appellant                 :    Mr. Manish Patel
For Respondent No.1           :    Mr. Sajjan Singh



                 HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Judgment

03/10/2023

1. This intra court appeal has been filed on behalf of the

appellant being aggrieved with the order dated 22.08.2023 passed

by the learned Single Judge in S.B. Civil Writ Petition

No.9702/2023 (Anshi Devi Vs. Praga Ram & Ors.), whereby while

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allowing the stay petition the learned Single Judge stayed the

effect and operation of the order dated 12.07.2023 passed by the

District and Sessions Judge, Jalore (hereinafter to be referred as

'the Election Tribunal') in Civil Misc. (Election Petition) Case

No.8/2020 (CIS No.8/2020) (Praga Ram Vs. Smt. Anchi Devi &

Ors.).

2. Having heard learned counsel for the parties and after

perusing the material available on record, we are of the opinion

that the impugned order passed by the learned Single Judge is not

liable to be interfered with because any finding on the merits of

the present case may prejudice either of the parties in the writ

petition (SBCWP No.9702/2023), which is still pending

consideration.

3. Learned counsel for the appellant has submitted that in Para

No.8 of the impugned order, the learned Single Judge while relying

on the certain documents, produced on behalf of the respondent

No.1, recorded its finding that the respondent No.1 was using the

name Anshi Devi since the year 2018 and, therefore, it is difficult

to presume that she contested the election in the year 2020 by

changing her name just before the election. It is submitted that

since the documents, which have been referred by the learned

Single Judge, were not the part of record before the Election

Tribunal, the reliance upon the same by the learned Single Judge

is not warranted.

4. Be that as it may, we are of the opinion that at the time of

final disposal of the writ petition (SBCWP No.9702/2023), the

learned Single Judge is expected not to be influenced by any

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observation made in the impugned order and the writ petition filed

by the respondent No.1 shall be decided on merits as per the

record of the Election Tribunal.

5. In view of the above discussions, this special appeal writ is

disposed of.

(YOGENDRA KUMAR PUROHIT),J (VIJAY BISHNOI),J

Abhishek Kumar S.No.23

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