P.K. Lohra, J. - (1.) These three writ petitions involve common question of law, therefore, all are heard together and disposed of by this common order.
(2.) Petitioners in all these three writ petitions are elected Ward Members of Municipal Board/Council, Nokha. Respondents - election petitioners feeling aggrieved by their election as Ward Members laid three separate election petitions to question their election under Section 31 of the Rajasthan Municipalities Act, 2009 (for short 'the Act of 2009) on different grounds before the District Judge, Bikaner (for short 'the learned Election Tribunal'). The learned Election Tribunal while exercising power Section 10 of the Rajasthan Civil Courts Ordinance, 1950 (for short 'the Ordinance of 1950) transferred all the three election petitions to the Court of Additional District Judge No. 2 Bikaner. This sort of situation promoted all the three petitioners to question the jurisdiction of Additional District Judge No. 2 Bikaner as Election Tribunal and on their behalf, applications under Order 7, Rule 10 read with Section 151 CPC were submitted for returning the election petitions for their presentation before the District Judge, Bikaner.
(3.) The applications submitted by the petitioners were replied by the respondent-returned candidates by resisting the prayer but in the alternative it was also pleaded that they do not have any objection for hearing of the election petitions by either of the Court/Election Tribunal i.e. by Additional District Judge No. 2 or District Judge, Bikaner.;