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NATHU LAL RAIGER v THE ADDI CIVIL JUDGE (J D)JAIP - CW Case No. 6087 of 2007  RD-RJ 4560 (14 September 2007)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
S.B. CIVIL WRIT PETITION NO. 6087/2007
NATHU LAL RAIGER
THE ADDITIONAL CIVIL JUDGE (S.D.), JAIPUR DISTRICT,
JAIPUR & ORS.
HON'BLE MR. JUSTICE K.S. RATHORE
Mr. R.K. Daga for the petitioners.
Mr. G. Bardhar for the respondents.
The matter comes up on the application under
Article 226(3) of the Constitution of India for seeking vacation of ex parte interim order dated 14.08.2007 granted by this Court.
At the request of both the parties, the matter is finally heard at this stage.
The respondent No.2 Mohari Lal filed an election petition before the District & Sessions Judge,
Jaipur District, Jaipur against the petitioner. In the election petition, the respondent No.2 has alleged that a Notification was issued by the Government of
Rajasthan for election of Sarpanch and Panch for the year 2005 and the counting was not properly made and corrupt and malpractices are adopted. The Additional
Civil Judge (Sr. Division) No.2, Jaipur District,
Jaipur has framed the following issues:-
"1- , 4.2.05
------ : 2- ? , 3- , , , ? 5000/- 4- ? ?" 5-
Vide judgment dated 06.08.2007, the Court below while deciding these issues, ordered for recounting and the said order dated 06.08.2007 has been challenged by the petitioner in this writ petition.
It is alleged that total 2528 votes are casted and only 2527 votes are counted. It is also not disputed by the petitioner and the respondents that only difference of one vote is there and having considered each and every aspect the Court below thought it proper to order for recounting.
I find no illegality in the impugned order dated 06.08.2007 passed by the Additional Civil Judge
(Sr. Division) No.2, Jaipur District, Jaipur as the
Court below has considered the judgments referred by the respective parties and after considering each and every aspect, ordered for recounting, which requires no interference by this Court.
Consequently, the writ petition fails and the same is hereby dismissed.
The interim order dated 14.08.2007 granted by this Court stands rejected. The stay application also stands rejected.
The application under Article 226(3) of the
Constitution of India stands allowed.
(K.S. RATHORE),J. /KKC/
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