BHAGWAN SINGH Vs. NAND KISHORE

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) The petitioner/appellant has preferred this intra-court appeal against the order dated 4th November, 2011 passed by learned Single Bench, whereby S.B.Civil Writ Petition No.8953/2010 filed by petitioner, against the order dated 27th May, 2010 passed by Additional Civil Judge (Sr.Div.) No.1, Bharatpur (Election Tribunal) dismissing the application of the petitioner under Order 7 Rule 11 read with Order 6 Rule 6 C.P.C., has been dismissed.

(3.) Briefly stated the facts of the case are that election of Gram Panchayat, Dehra-23, Panchayat Samiti, Kumher took place on 31st January, 2010. The petitioner as well as the respondent and other six persons contested the election for the post of Sarpanch. The petitioner got highest votes and he was declared elected Sarpanch. The respondent filed an election petition under Section 43 of the Rajasthan Panchayati Raj Act, 1994 read with Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 with the prayer that ballot papers of election of Sarpanch of Gram Panchayat, Dehra-23 took place on 31st January, 2010 be summoned, inspected/examined and be recounted and in case, it is found that more votes were casted in favour of election petitioner then he be declared as elected Sarpanch.