Pratap Krishna Lohra, J. - (1.) Petitioner, an elected Sarpanch of Gram Panchayat Nandri, Panchayat Samit Mandore, Jodhpur has laid this writ petition under Article 226 & 227 of the Constitution of India to challenge impugned order dated 24th February, 2015 passed by learned District Judge, Jodhpur Metropolitan, Jodhpur whereby the learned Court below has transferred the election petition to Additional District Judge No. 2, Jodhpur Metropolitan, Jodhpur.
(2.) Succinctly stated the facts of the case are that second respondent filed an election petition against the petitioner under Sec. 43 of the Rajasthan Panchayati Raj Act 1994 (for short, 'Act of 1994') to question her election as Sarpanch, Gram Panchayat Nandri, Panchayat Samit Mandore, Jodhpur before the District Judge, Jodhpur Metropolitan, Jodhpur. The learned District Judge, while exercising powers under proviso to sub -section (1) of Sec. 43 of the Act of 1994, transferred the Election Petition of the second respondent to Additional District Judge No. 2, Jodhpur Metropolitan, Jodhpur.
(3.) Mr. Bharat Boob, learned counsel for the petitioner, submits that the legislature in its wisdom has conferred power on the District Judge to transfer an election petition but the said power is required to be exercised as mandated by the legislature. Learned counsel for the petitioner would contend that proviso to sub -section (1) of Sec. 43 of the Act of 1994 envisages with clarity and precision that the District Judge hearing and disposing of election petition may transfer it to a Civil Judge or Additional Civil Judge (Senior Division) subordinate to him by recording reasons in writing and as such an election petition cannot be transferred to a Court of Additional District Judge. Lastly, learned counsel has urged that as per Sec. 43 of the Act of 1994, Additional District Judge is having no jurisdiction to act as an Election Tribunal for determining election disputes of any member including Chairperson or Deputy Chairperson of a Panchayati Raj Institution. In substance, learned counsel has urged that the order impugned is clearly vitiated in law. In support of his contention, learned counsel has placed reliance on a decision of this Court in case of Smt. Indira v/s. Smt. Prabha [1998 (1) WLC (Raj.) 81].;