GHANSHYAM GURJAR Vs. HEMANT SINGH

JUDGEMENT

(1.) The petitioner, a returned candidate, has filed this writ petition assailing the order dtd. 17/12/2021 passed by the learned District Judge, Jhalawar in election petition no. 127/2021 whereby, an application filed by him for re-hearing the election petition, has been dismissed.

(2.) The undisputed facts necessary for disposal of the controversy involved in the matter are within narrow compass. Election of the petitioner as Sarpanch, Gram Panchayat, Barkhera Kalan dtd. 29/1/2020 was challenged by the respondent no. 1/applicant by way of an election petition presented to the learned District Judge, Jhalawar on 15/2/2020 which was transferred to the Court of learned Additional District Judge, Jhalawar (for brevity-'ADJ') vide order dtd. 17/2/2020. When the election petition was at the stage of final arguments, on an application filed by the applicant, it was transferred back by the learned ADJ to the learned District Judge on account that it did not have jurisdiction to hear and decide the election petition. After its re-transfer to the learned District Judge, the petitioner moved an application dtd. 29/10/2021 for re-trial, which has been dismissed by the learned District Judge vide its order dtd. 17/12/2021, impugned herein.

(3.) The sole contention advanced by the learned counsel for the petitioner is that since the learned ADJ did not have authority to hear and decide an election petition, the proceedings conducted before him, were nullity and the matter was required to be tried afresh from the very inception by the learned District Judge. He submitted that since the ADJ lacked inherent jurisdiction, the proceedings conducted before him stood vitiated. He, in support of his submissions, relied upon following judgements: