SHURTAN SINGH Vs. VIKRAM SINGH & ANR.

JUDGEMENT

(1.) Having heard the learned counsel for the petitioner and having perused the material placed on record, while this Court is unable to find any reason to consider interference in the writ jurisdiction in this matter, it appears rather necessary to dismiss this writ petition with observations for proper progress of the trial of the election petition.

(2.) The petitioner, who is said to be elected as Ward Member of the Municipal Board, Barmer, is defending an election petition filed by the respondent No.1. In the election petition (Annex.1), the averments have been taken about the elections having taken place on 23.11.2009 pursuant to the election notification and result having been declared on 26.11.2009. The contentions of the election petitioner (respondent herein), inter alia, had been that the present petitioner, who was declared elected, was not eligible to contest the election for suffering from disqualification per Sec. 24 and read with Sec. 21 of the Rajasthan Municipalities Act, 2009 ('the Act of 2009'); and his having been involved in several criminal cases and having concealed the material facts. The petitioner has filed the reply contesting the election petition. It appears from the record that on the earlier occasion, the petitioner moved an application under Order VII Rule 11 Code of Civil Procedure that was dismissed on 30.04.2010. The petitioner also moved other applications under Order XIII Rule 10 Code of Civil Procedure and under Order XIV Rule 5 Code of Civil Procedure that were decided from time to time.

(3.) At the stage when the election-petitioner (respondent No.1 herein) had filed his affidavit and the matter was to be proceeded in evidence, the petitioner moved further an application under Order VIII Rule 1-A (3) read with Sec. 151 Code of Civil Procedure seeking to produce certain notifications relating to elections and another application under Order VII Rule 11 read with Sec. 151 Code of Civil Procedure for rejection of the election petition. In the application under Order VII Rule 11 CPC, the petitioner contended that the elections were declared on 09.07.2009 under the Rajasthan Municipalities Act, 1959 ('the Act of 1959'); that the qualification of the candidates was considered under the said Act of 1959; and that in the elections in question, only the provisions of the Act of 1959 were applicable and election petition could not be maintained under the provisions of the Act of 2009.