Vineet Kothari, J. - (1.) HEARD the learned Counsels.
(2.) THIS writ petition has been filed against the rejection of petitioner's candidature for election of ward No. 7 of Panchayat Samiti, Pindwara which are to be held tomorrow on 2.2.2010. This petition was filed by the petitioner in this Court on 27.1.2010 and came up before the Coordinate Bench of this Court on 28.1.2010 when the notices were issued and Mr. Anand Purohit, learned AAG was directed to take instructions and the matter was kept on 1.2.2010. The another coordinate Bench consisting of Hon'ble Mr. Justice Sangeet Lodha directed the matter to be placed before another Bench and thereafter in pursuance of directions of Hon'ble Chief Justice, the matter has come up before this Court today. The matter was taken up out of turn in view of the urgency mentioned by the learned Counsel for the petitioner. Reply to the writ petition has already been filed by the respondents and thus, both the learned Counsels were heard at length.
(3.) THE case of the petitioner is that after nomination paper of both petitioner Lalit Kumar and respondent No. 7 Hemraj in both the capacity as party candidate and independent candidate were notified to have been rejected vide Annex. 1 dtd. 11.1.2010, the list of candidates contesting the election prepared in Form No. 5 under Rule 29 of the Rajasthan Panchayati Raj (Election) Rules, 1994 included the name of respondent No. 7 Hemraj as independent candidate and therefore, the petitioner has approached this Court inter alia on the ground that the nomination of respondent No. 7 Hemraj had wrongly been included in the list of independent candidates, whereas one form was rejected by the Returning Officer.;