GYARSI LAL versus THE ADDI DISTRICT JUDGE NO 1 B

High Court of Rajasthan

Indian Supreme Court Cases / Judgements / Legislation

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GYARSI LAL v THE ADDI DISTRICT JUDGE NO 1 B - CW Case No. 3802 of 2006 [2007] RD-RJ 5514 (21 November 2007)

SBCWP NO.3802/06.

IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN

AT JAIPUR BENCH JAIPUR.

ORDER

S.B. CIVIL WRIT PETITION NO.3802/2006

Gyarsilal

Vs.

Additional District Judge No.1, Bundi and ors.

Date of Order :: 21 November, 2007.

PRESENT

HON'BLE MR.JUSTICE MOHAMMAD RAFIQ

Shri K.K. Mehrishi Sr. Advocate with

Shri Sanjay Mehrishi for the petitioner.

Shri N.K. Maloo for the respondents.

****

Impugned in this writ petition is the order dated 5/3/2005 passed by the learned

District Judge, Bundi vide which the election petition filed by respondent No.2 Hemraj u/S.43 of the Rajasthan Panchayati Raj Act, 1994 challenging the election of petitioner

Gyarsilal as Sarpanch of Gram Panchayat Cheta,

Panchayat Samiti Hindoli, District Bundi was transferred to the Court of learned Additional

District Judge No.1, Bundi. A prayer has been

SBCWP NO.3802/06. {2} made that the order transferring the election petition and further proceedings transacted in that court be quashed and set-aside after declaring the same as illegal, void ab initio and without jurisdiction.

On consideration of the arguments which have been raised by the learned counsel representing the contesting parties, S.B. Civil

Writ Petition No.6872/2006 (Sheolal Vs.

District Judge Bundi) involving identical question of law has been dismissed by this

Court vide judgment dated November 20, 2007.

For the detailed reasons given in the aforesaid judgment, the present writ petition is also dismissed though with no order as to costs.

(MOHAMMAD RAFIQ), J. anil

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