VIJAY LAXMI Vs. KAMLA DEVI & ORS

JUDGEMENT

(1.) This petition has been filed against the order dated 05.05.2011, passed by the Civil Judge (Sr. Div.), Dausa, dismissing the petitioner's application under Order 14 Rule 2(2A) read with Section 151 CPC to decide the question of jurisdiction as a preliminary issue in the election petition filed by Smt. Kamal Devi, respondent No.1.

(2.) I have heard the counsel for the petitioner as also the respondents and perused the impugned order dated 05.05.2011.

(3.) The court below has recorded in the impugned order that the question of jurisdiction to hear the election petition has been formulated as issue No.4B and that the proceedings in the election petition were at the stage of taking of evidence. The court below has also noted that a challenge to the election of Sarpanch is one under Section 43 of the Rajasthan Panchayati Raj Act, 1994 read with Rule 80 of the Rajasthan Panchayati Raj Election Rules, 1994 made thereunder as also recorded by the Hon'ble High Court in its order dated 09.06.2011. In this view of the matter, the Court below dismissed the petitioner's application to decide the question of jurisdiction to hear the election petition as a preliminary issue.