MUTHRI DEVI Vs. VISHNI

JUDGEMENT

(1.) With the consent of learned counsel appearing for the contesting parties, the instant special appeal is being heard and decided at this stage.

(2.) The appellant has challenged the ad-interim stay order dtd. 16/6/2022 passed by the learned Single Judge in SB Civil Writ Petition No. 8315/2022 (Vishni v. Muthri Devi and Ors.), by which the learned Single Judge while admitting the writ petition and issuing notice to the respondents, has stayed effect and operation of the order dtd. 25/5/2022 passed by the Court of learned District Judge, Dausa, District Dausa (Raj.) [for short 'the Election Tribunal'] by which the Election Tribunal has cancelled the election of the writ-petitioner (respondent No. 1 herein) as Sarpanch, Gram Panchayat Saipur Pakha, Panchayat Samiti Mahwa, Tehsil Mandawar, District Dausa and the appellant has been declared as a winning candidate for the post of Sarpanch of the above Gram Panchayat.

(3.) Mr. Rajendra Prasad, learned Senior Counsel assisted by Mr. Deepak Sharma appearing for the appellant submits that the ad-interim stay order passed by the learned Single Judge is a non-speaking order and the learned Single Judge while admitting the writ petition and passing the ad-interim stay order has not assigned any reason. Learned Senior Counsel submits that following observations have been made by the Election Tribunal in its order dtd. 25/5/2022 in the election petition filed by the appellant:-