MATHURALAL AND ANR. Vs. MANDATTSINGH AND ORS.

JUDGEMENT

(1.) THE above two writ petitions arise out of the common facts. It will be proper to dispose of them together by a common order, so they are being disposed of by this common order.

(2.) THE name of Mandattasingh was entered in the electoral roll of village Banjariya, panchayat Pardi, which was prepared for election of the panchayat in the year 1981. The electoral roll was published on October 16, 1981 and objections were invited under Rule 7 of the Rajasthan Panchayat and Nyaya Panchayat Election Rules, 1960 (for short 'the Rules'). One Jaloo filed an objection to the inclusion of the name of Mandattasingh in the electoral roll of village Banjariya of Gram Panchayat Pardi on the ground that he was not ordinary resident of that village. Along with the objections, Shri Jaloo submitted documents showing that Shri Mandattasingh is a resident of Deogarh town only. Mathuralal also filed an objection to the inclusion of the name of Mandattasingh in the voters list of Pardi, Ward No. 3 at serial No. 130 on November 9, 1981, inter alia on the ground that Mandattasingh does not live in village Pardi but lives at Deogarh town and that he is in the habit of falsely getting the name entered in the voter's list of different villages from time to time. This objection was sent by registered -post. This objection did not reach the office of the Authorised Officer -cum -Returning Officer (Sub -Divisional Officer), Bhim District Udaipur before 3 p.m. on November 10, 1981. Thus, the objection filed by Mathuralal did not reach in time. Notice was issued to Mandattasingh for the date November 17, 1981. The name of Mandattasingh also appeared in Ward No. 7, that is, village Mandawara. The inclusion of the name of Mandattasingh, in that ward, was objected to. Mandatta singh appeared on November 17, 1981 before the Authorised Officer and produced evidence consisting of the statements of Ummaidsingh and Ambalal, but the objector Shri Jaloo did not appear before the Authorised Officer. The Authorised Officer allowed both the objections and the name of Mandattasingh was ordered to be struck off from serial No. 130 of Ward No. 3 of Panchayat Circle Pardi. Similarly, his name was struck off from serial No. 17 in ward No. 7 of Panchayat Circle Swadari. Mandattasingh preferred an appeal before the Additional Collector against the order of the Authorised Officer dated November 17, 1981 under Rule 12 B, against the order of deletion of the name from the list of Banjariya Shri Jaloo filed an application supported by an affidavit before the Additional Collector stating that he withdraws his objection and he has further stated that he has come to know and is satisfied that Mandattasingh is a resident of village Banjariya and his name was correctly entered in the list. Depsite that the Collector dismissed the appeal on November 25, 1981. In the appeal before the Additional Collector, Mathuralal also filed an application for impleading him as a party and that he may be allowed to be heard to oppose the appeal, but this application was dismissed by the Additional Collector. Shri Mandattasingh then, preferred an appeal against the order of the Additional Collector before the Revenue Appellate Authority. The learned Revenue Appellate Authority by its order dated December 10, 1981 allowed the appeal and set aside the orders of the Authorised Officer and of the Additional Collector and the name of Mandattasingh was ordered to be retained at serial No. 130 in the voter's list of Ward No. 3 of Panchayat Circle Pardi.

(3.) S .B. Civil Writ Petition No. 2006 of 1981 filed by Mathuralal is directed against the order of the learned Revenue Appellate Authority for either declaring the order to be non -est or for quashing the same on the ground that no appeal was maintainable under Rule 12B of the Rules before the Revenue Appellate Authority against the order of the Additional Collector as the order of the Additional Collector became final and the order of the Revenue Appellate Authority is without jurisdiction.