RAM SINGH Vs. KANYA BAI

JUDGEMENT

(1.) This writ petition has been filed by the petitioner, a returned candidate, whose election as Sarpanch, Gram Panchayat Gehu Khedi, Tehsil Aklera has been set aside by the learned Additional District Judge, Aklera, District Jhalawar in the election petition no. 25/2020 vide its judgement dtd. 25/8/2021 and the respondent has been declared as elected Sarpanch.

(2.) The facts in brief are that in the election conducted on 22/1/2020, the petitioner was elected as Sarpanch, Gram Panchayat Gehu Khedi which came to be challenged by the respondent-applicant by way of an election petition presented before the learned District Judge, Jhalawar under Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (for brevity-'the Rules of 1994') which was transferred for its hearing to the Court of learned Additional District Judge, Aklera, who, vide judgement dtd. 25/8/2021, set aside the election of the petitioner as Sarpanch and has declared the respondent as elected Sarpanch.

(3.) Gravamen of the contention of the learned counsel for the petitioner has been that the judgement dtd. 25/8/2021 is a nullity inasmuch as the learned Additional District Judge had no authority to hear and decide the election petition. Drawing attention of this Court towards the provisions of Sec. 117 and 43 of the Rajasthan Panchayati Raj Act, 1994 (for brevity-'the Act of 1994') and Rule 80 of the Rules of 1994, he canvassed that under the scheme of the Act and the Rules, it is either District Judge or a Civil Judge or Additional Civil Judge (Sr. Division) who has been authorised to hear the election petition and no other authority. He therefore prays that the writ petition be allowed and the judgement impugned dtd. 25/8/2021 be quashed and set aside. He in support of his submissions relies upon following judgements: