Decided on May 03,2019

Panna Ram S/O Govind Ram Appellant
Ramu Ram S/O Babu Lal Respondents


PUSHPENDRA SINGH BHATI,J. - (1.) The petitioner has preferred this writ petition claiming the following reliefs: "It is, therefore, most respectfully prayed that the writ petition of the petitioner may kindly be allowed with cost and appropriate order, writ, or direction, the impugned order dated 29.03.2019 (Annexure-5) passed by learned Senior Civil Judge Nagour, may kindly be set aside; and consequence thereof the application may kindly be allowed. Any other appropriate writ, order or direction, which may be considered just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner."
(2.) Brief facts of the case as noticed by this Court are that the election of Gram Panchayat Aakala, Tehsil Khivsar, District Nagaur which was held on 28.01.2015, in which, the petitioner was declared as the successful candidate for the post of Sarpanch and the respondent filed an election petition on the ground of forged and false information being given alongwith nomination paper. The election petition was submitted on 21.02.2015 before the Munsarim of the learned District Court, Merta. The petitioner has moved an application under Order 7 Rule 11 CPC submitting that the election which happened on 28.01.2015 could have been challenged only within a period of 30 days from declaration of the result and that too in the right spirit of Section 43 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as the "Act of 1994").
(3.) Learned counsel for the petitioner submits that the petition as per Section 43 of the Act of 1994 was required to be presented before the learned District Judge on or before 28.02.2015, whereas the respondents have moved the election petition only before the Munsarim of the learned District Judge on 28.02.2015, which did not confirm to the parameters laid down under Section 43 of the Act of 1994. Section 43 of the Act of 1994 reads as follows: "43. Determination of dispute as to elections. - (1) An election under this Act or the rules made thereunder may be called in question by any candidate at such election by presenting in the prescribed manner to the District Judge having jurisdiction a petition in this behalf of the prescribed grounds and within the prescribed period : Provided that an election petition presented as aforesaid may, for the reasons to be recorded in writing, be transferred by the District Judge for hearing and disposal to a Civil Judge or Additional Civil Judge (Senior Division) subordinate to him. (2) A petition presented under sub-sec. (1) shall be heard and disposed of in the prescribed manner and the decision of the Judge thereon shall be final. 1 Deleted by Notification No.F 4(1)/Vidhi/2/2000 (Ordinance No.2 of 2000) dated 6-1-2000, published in Rajasthan Government Gazette Extraordinary, Part 4 (Kha), Dated 6-1-2000 with immediate effect (Act No.9 of 2000)." ;

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