SMT. PRAMESHWARI WIFE OF SHRI MUKESH Vs. SMT. SUMAN MEHESHWARI WIFE OF SHRI BHAGWAN SWAROOP MAHESHWARI
LAWS(RAJ)-2018-1-397
HIGH COURT OF RAJASTHAN
Decided on January 05,2018

Smt. Prameshwari Wife Of Shri Mukesh Appellant
VERSUS
Smt. Suman Meheshwari Wife Of Shri Bhagwan Swaroop Maheshwari Respondents

JUDGEMENT

ALOK SHARMA,J. - (1.) Under challenge is the judgment dated 10.01.2017 passed by the Additional Senior Civil Judge No.2, Ajmer in election petition No.21/2016 (53/2015) whereby the election petition at the instance of the respondent-election petitioner (hereinafter 'EP') has been allowed and the election of the petitioner-returned candidate ('RC') as Sarpanch of Gram Panchayat Kanpura, Panchayat Samiti Srinagar, Ajmer set aside.
(2.) It is apparent that the impugned judgment is ex-parte as no instructions were pleaded on behalf of the RC by her counsel.
(3.) Ms. Sudesh Kasana appearing for the RC submitted that the RC was never served and in fact did not engage Shri Vijay Khanna counsel, who purportedly first appeared on her behalf before the trial court and then pleaded no instructions on 10.01.2017. It was submitted that the EP appears to have managed the whole show of purported service of the RC to facilitate non-representation on RC behalf such that her election on the post of Sarpanch could be quashed and set aside without any opportunity of defending the challenge to her election.;


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