JAGMOHAN YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD Mr. Kailash Chandra Sharma, learned counsel for the petitioner. For the order proposed to be passed, it is not felt necessary to issue formal notice to the respondents.

(2.) THE petitioner seeks to invoke the writ jurisdiction of this Court being aggrieved by the determination made by the respondent No. 2 disqualifying his wife Smt. Himmat Bai under Section 39(2) of the Rajasthan Panchayati Raj Act, 1994 (for short, hereafter referred to as the Act) and the rules framed thereunder, thereby declaring her election to the Gram Panchayat, Kasar, Panchayat Samiti, Ladpura, District Kota from Ward No. 8 to be void.

(3.) THE learned counsel has reiterated the above and sought for the intervention of this Court on the ground that not only the impugned order has been mechanically passed without reference to the actual facts involved, it lacks bona fide as well, besides being in contravention of the letter and spirit of the provisions of the Act. In course of the arguments, he further disclosed that a similar challenge has been laid by his wife against the same order. Upon hearing the learned counsel for the petitioner and on a consideration of the pleaded averments and the documents on record, we are not inclined to interfere on merits in this parallel proceeding. As the same decision has been challenged by the petitioner's wife, as is submitted before us, we are of the opinion that the instant petition ought not to be entertained to avoid multiplicity of the proceedings. It is thus closed.