RAMESHWAR Vs. MUNSIFF AND JUDICIAL MAGISTRATE

JUDGEMENT

(1.) THIS is a writ petition filed by Rameshwar under Articles 226 and 227 of the Constitution of India for issuance of a writ, direction or order in the nature of certiorari or mandamus or in any other appropriate form for quashing the impugned judgment of the Munsiff and Judicial Magistrate. First Class, Nokha, District Bikaner, by which the election of the returned candidate, i.e the petitioner to the office of Panch from Ward No. 4 of Gram Panchayat Kuchore Athuni was declared void and set aside with immediate effect and Ramchandra non -petitioner No. 2 was declared elected to that office from the same ward.

(2.) THE relevant facts giving rise to this writ petition may be briefly stated as follows: The petitioner contested the election to the office of Panch of Gram Panchayat Kuchore Athuni, which was held on February 5,1978. The petitioner secured 114 valid votes while Ramchandra, non -petitioner No. 2, who also contested the election to the same office, got 113 votes only Consequently, the petitioner was declared elected to the office of Panch of the said Gram Panchayat. The non -petitioner No. 2, thereafter, presented an election petition before the Munsiff and Judicial Magistrate. Nokha, challenging the petitioner's election. The election petition was heard and decided by the non -petitioner No. 1 on January 5, 1981, and election of the petitioner was declared to be void and the non -petitioner No. 2 was declared to have been duly elected as Panch, Gram Panchayat, Kuchore Athuni. Aggrieved by the decision of the non -petitioner No. 1, the petitioner has invoked extraordinary jurisdiction of this Court by way of this writ petition on the following grounds:

(3.) I have carefully perused the record and heard Mr. Kewal Chand, learned Counsel for the petitioner, and Mr. R.N Bishnoi appearing on behalf of the non -petitioner No. 2. Firstly, it was contended on behalf of the petitioner that the Munsiff and Judicial Magistrate, Nokha, had no jurisdiction to hear and decide the election petition because initially the election petition was presented before the Mursiff, Bikaner, who alone, being a persona designate, had jurisdiction to hear the election petition filed against the petitioner. The above contention has no force, because all that Rule 78 of the Rules lays down is that the election of any person as Panch of the Panchayat maybe called in question by presenting a petition to the Munsiff or, where there is no Munsiff, to the Civil Judge within whose jurisdiction the headquarters of the Panchayat is situated. In the instant case, the election petition was no doubt presented before the Munsiff, Bikaner, who proceeded to hear it, but by an order of the District Judge, Bikaner, dated February 12, 1980, the election petition was transferred for trial to the court of the Munsiff Nokha. The District Judge passed an order of transfer because of creation of a new court of the Munsiff and Magistrate at Nokha within whose jurisdiction the headquarters of the Gram Panchayat, Kuchcre Athuni, are situated. After the creation of the new court of the Munsiff and Judicial Magistrate, Nokha, the election petition was rightly withdrawn from the court of the Munsiff, Bikaner, and transferred to the court of the Munsiff Magistrate, Nokha, because under Rule 78 of the Rules, the Munsiff, within whose jurisdiction the headquarters of the Panchayat are situated, has jurisdiction to hear and decide the election petition It is not disputed before me that the head quarters of Gram Patchayat, Kuchore Athuni lay within the jurisdiction of the newly created court of the Munsiff, Nokha. Consequently, I am unable to hold that the Munsiff, Nokha, had no jurisdiction to hear and decide the election petition.