MOHAMMAD RAFIQ,J. - (1.) This writ petition has been filed by the petitioner against the order dated 25.11.2016 whereby his application for transfer of election petition was dismissed by the District Judge, Alwar.
(2.) Contention of learned counsel for the petitioner is that the respondent filed an election petition on 11.02.2015 before the learned District Judge, Alwar for declaring the election illegal as the petitioner is elected as a Sarpanch after submitting false and fabricated documents regarding his qualification and after making concealment of fact regarding status or number of children and prayed that the election may kindly be declared as per the provision of Section 19 (L) of Rajasthan Panchayati Raj Act, 1994. It is contended that after report learned District Judge, Alwar send the matter to learned Additional Judicial Magistrate (Senior Division) No. 2 Alwar on 18.02.2015. After service on the petitioner, his counsel submitted power on 16.04.2015 but due to transfer of Presiding Officer, the matter was again transferred to Additional Chief Judicial Magistrate No.1, Behror, District Alwar by the learned District Judge, Alwar vide order dated 30.06.2015 and next dated i.e. 05.08.2015 was fixed for appearance. On 05.08.2015, reply was filed on behalf of the petitioner and matter was fixed for framing issues. On next date, petitioner submitted an application under Order 7, Rule 11 CPC and the respondent/applicant sought time for reply. However, on next dates i.e. 04.12.2015, 09.12.2015, 21.12.2015, 21.01.2016 and 25.01.2016, case was adjourned as the learned Presiding Officer could not heard the matter due to her presence at the Camp Court, Neemrana, District Alwar. After submitting reply to application under Order 7, Rule 11 CPC on 30.01.2016 by respondent/applicant, the matter was fixed for argument. On 26.02.2016 the application filed by the petitioner was dismissed. Theissues were framed by the learned court on 29.02.2016 and the matter was kept pending for evidence of respondent/applicant on 08.03.2016, 14.03.2016, 19.03.2016.
(3.) It is contended that the petitioner submitted application on 05.04.2016 under Order 11, Rule 12 and 14 and Section 151 CPC for calling for the record of school regarding enquiry of education/qualification of petitioner and respondent/applicant sought time for reply. On 11.04.2016 and 29.04.2016, the matter could not be heard due to non-availability of learned Presiding Officer. However, on 04.05.2016, the learned court below dismissed the application filed by the petitioner with the warning to co-operate in expedite trial of the case and directed that the petitioner is free to submit any documents after obtaining the same under RTI Act and there is no necessity to call for the school record.;