SHYAMLAL Vs. MUNSIFF AND JUDICIAL MAGISTRATE KISHANGARH BAS

JUDGEMENT

(1.) THE Panchayat Elections in Rajasthan were held in December, 1981. Shyam Lal, petitioner herein, was elected as Sarpanch of the Panchayat Bhungra in that election. THE headquarter of the Bhungra Panchayat is situated in village Bhungra, Tehsil Mandawar, Sub Division Tijara. Shiv Lal, respondent 2 herein, presented an election petition under rule 78 of the Rajasthan Panchayat & Nyaya Panchayat (Election) Rules, 1960 (hereinafter referred to as the Rules of 1960) before the Munsif and Judicial Magistrate, Kishangarh Bas, challenging the validity of the election of the petitioner herein as Sarpanch. THE petitioner contested the election petition and raised an objection to the local jurisdiction of the Munsif, Kishangarh Bas Tehsil, pleading that the local jurisdiction to entertain the election petition is vested in the Munsif, who has been assigned the civil business of Mundawar Tehsil. THE Munsif, Kishangarh Bas Tehsil who is seized of the election petition passed an order, dated, October, 1982, overruling the said objection. Aggrieved by this order, the petitioner has filed this writ petition seeking a declaration to the effect that Munsif Kishangarh Bas Tehsil, does not have local jurisdiction in the matter and that such jurisdiction vests in the Additional Munsif, who has been assigned civil business relating to Mundawar Tehsil.

(2.) AFTER hearing Mr. P. C. Jain, learned counsel for the petitioner. I am of opinion that the Munsif, Kishangarh Bas Tehsil, who is at present seized of the election petition, has local jurisdiction in the matter and that therefore this writ petition has no merit. The reasons for this opinion may be stated as follows.

(3.) THE petitioner has also challenged the vires of the Rules of 1960. THE Munsif has held that the said rules are valid. I do not propose to go into this matter in the present writ petition. If the election petition is eventually allowed by the Munsiff, the petitioner will be free to raise this issue by way of writ petition or in any other manner open to him.