Vineet Kothari, J. - (1.) THE petitioner, a defeated candidate in the election of Member, Municipal Council, Jaisalmer has filed this writ petition claiming the following reliefs: (i) by an appropriate writ, direction or order, the election of respondent No. 5 on the post of Municipal Councillor, Jaisalmer may be declared void and illegal and the respondent may kindly be directed to remove the respondent No. 5 from the office of Councillor, Municipal Board, Jaisalmer. (ii) by an appropriate writ, order or direction the State Government may kindly be directed to hold a judicial enquiry. (iii) and in alternative, By an appropriate writ, order or direction, the State Government may kindly be directed to decide the representation submitted by the petitioner dated 19.7.2011 while taking necessary action according to provisions of the Act of 2009. (iv) Any other appropriate direction or order which this Hon'ble Court deems fit in the facts and circumstances of the case may kindly be granted. (v) Cost of the writ petition may kindly be awarded in favour of the petitioner. The learned counsel for the petitioner relying upon the decision of Hon'ble Court in the case of K. Venkatachalam V/s. A. Swamiekan reported in : AIR 1999 SC 1723 submitted that despite several representations, Dist. Collector, Jaisalmer has not taken any action against the elected Councillor Sh. Ugam Singh and the Director of Local Self Department has written to the Dist. Collector, Jaisalmer way back vide letter dtd. 2.12.2011 (Annex. 8) for initiating appropriate action and filing election petition for challenging election of said elected candidate Ugam Singh, who according to the petitioner had more than two children after cut off date and was therefore, disqualified to be elected as such.
(2.) HAVING heard the learned counsels for the parties, this Court is of the opinion that said elections were held way back in the year 2009 and 5 years period is about to end in the year 2014. The State Government has already initiated action against Ugam Singh. The Dist. Collector, Jaisalmer is expected to take action in pursuance of communication Annex. 8 dtd. 2.12.2011. The defeated candidate, the present petitioner has also option to file appropriate election petition as averments of facts involved in the matter cannot be taken as gospel truth for proceeding in the writ jurisdiction. The judgment relied upon by the learned Single Judge is on different facts and same does not apply to the facts of the present case. Accordingly, the present writ petition is found to be devoid of merit and the same is accordingly dismissed. A copy of this order be sent to the parties concerned.;