K. N. Misra, J. - (1.) PETITIONER Samiullah was a candidate in an election which took place relating to the office of Block Pramukh of Block Shri Dutt Ganj in the district of Gonda. The petitioner was declared duly elected as Block Pramukh in the election which took place on 29th May, 1983, Salim Mehmood, opposite party no. 2, who had lost in the election, had filed an election petition before the District Judge, Gonda under Rule 35 of the U. P. Kshettra Samities (Election of Pramukhs and Up Pramukhs and Settlement of Election Disputes) Rules, 1962 (for short the Rules). Notices were issued to the petitioner and other opposite parties who were also candidates in the election and were made proforma parties in the election petition. The petitioner filed written statement in the election petition before the District Judge, Gonda. The District Judge passed the order dated 12-9-1983 transferring the election petition to the Special Judge for decision. The order reads as under :- "Nyayalaya Special Judge Gonda Ko Niyamanusar Nistrain Hetu Hastantarit." (Emphasis supplied).
(2.) AN application was moved by the petitioner before the Special Additional District Judge, Gonda on 25-1-1984 challenging his jurisdiction to try the instant election petition and it was prayed that this question of jurisdiction be determined as preliminary issue. Opposite party no. 1 framed issues, which are re-produced below :- (1) Whether the court has got jurisdiction to try the election petition ? (2) Whether the petitioner has secured majority valid votes ? if so, its effect ? The aforesaid issue no. 1 was treated to be a preliminary issue and was disposed of by opposite party no. 1 vide order dated 5-3-1984 holding that he has jurisdiction to hear and decide the election petition on merits. The petitioner had challenged this order in the present writ petition. I have heard learned counsel for the parties at some length and have gone through the impugned order passed by opposite party no. 1 very carefully. Learned counsel for the petitioner Sri H. S. Sahai, referring to Rule 35 of the Rules urged that the reference to "Judge" in Rule 35, as per definition of the word "Judge" under clause (g) of Rule 2, means the "District Judge before whom election petition challenging the election of Block Pramukh or Up-Pramukh could be filed." According to him the District Judge being a persona designata could not delegate his authority by transferring the election petition to the Special Judge for decision on merits. Learned counsel further contended that the Rules contained under Chapter IV require the District Judge as persona designata to determine the dispute and the Special Additional District Judge could not have jurisdiction to try and dispose of the election petition on the basis of transfer order passed by the District Judge. The opposite party no. 1, therefore, cannot proceed with the case having no jurisdiction to decide it on merits.
(3.) IN reply learned counsel for the opposite parties Sri A. N. Verma urged that opposite party no. 1, who has been named and designated by the District Judge to decide the election petition by the transfer order dated 12-9-1983, is competent to decide the election petition on merits. He urged that the order dated 12-9-1983 passed by the District Judge, Gonda, authorising opposite party no. 1 cannot be treated to be merely a routine order of transfer in exercise of powers by the District Judge, but by that order opposite party no. 1 was vested with the jurisdiction to decide the election petition on merits. Learned counsel further contended that the District Judge, under the aforesaid Rules, cannot be taken to be a persona designata and so the contention of the learned counsel for the petitioner that he could not delegate and assign the election petition for decision to opposite party no. 1 by the aforesaid order of transfer is unsustainable. The sole crucial question which crops up for consideration in the present case is whether opposite party no. 1 could be vested with jurisdiction by the above quoted order dated 12-9-1983 passed by the District Judge to decide the election petition on merits or not.;