MOHRI DEVI Vs. CHUKI DEVI

JUDGEMENT

(1.) By way of the instant writ petition, the petitioner has beseeched to quash and set aside the order dated 31st May, 2011, whereby the Additional Civil Judge (Sr.Div.), Sikar, dismissed the application of the petitioner-defendant, filed under Order 7 Rule 11 of CPC.

(2.) Heard the learned counsel for the petitioner and carefully perused the relevant material on record.

(3.) The facts of the case, in brief, are that the respondent No.1-Smt. Chuki Devi filed an election petition under Rule 80 of the Rajasthan Panchayat Election Rules, 1994 and Section 43 of the Panchayat Raj Act, 1994, against the petitioner and certain other persons, challenging the election for the post of Sarpanch of Gram Panchayat Harsh. The reply to the election petition was filed by the petitioner-defendant wherein numerous legal objections were raised. The petitioner-defendant implored the Court that in view of the legal objections, the election petition should be rejected under Order 7 Rule 11 of CPC.