KALU RAM MEENA Vs. KALYAN MEENA

JUDGEMENT

(1.) This petition has been filed challenging the order dated 26-2-2013 passed by the Election Tribunal and Additional Civil Judge (Senior Division) No. 13 Bassi Jaipur Metropolitan, Jaipur (herein after 'the Tribunal') dismissing the application dated 22-2-2013 filed by the petitioner-returned candidate (hereinafter the returned candidate') for recalling the order dated 11-12-2012, wherein the defence evidence of the returned candidate was closed.

(2.) The facts of the case are that the election for the post of Sarpanch, Gram Panchayat Mohanpura, Panchayat Samiti Bassi were held in the month of January, 2010 and the petitioner was declared elected as Sarpanch of Gram Panchayat Mohanpura. Aggrieved of the election result one Kalyan Meena, who also contested the said election of January, 2010 (hereinafter the election petitioner') filed an election petition under Rule 80 of the Rajasthan Panchayati Raj (Election) Rules. 1994 challenging the election of the returned candidate on various grounds. The election petition was registered as 12/2010. The District Election Officer (Panchayat) and Collector Jaipur, the Zonal Magistrate Krishi Adhikari, Jaipur and the Returning Officer Krishi Paryavekshak were impleaded in the election petition which is presently pending at the stage of final arguments.

(3.) It appears from the writ petition as also from the impugned order dated 26-2-2013 that the defence evidence was closed on 11-12-2012. After recording the evidence of the election petitioner on 9-7-2012, the returned candidate himself was examined before the Tribunal on 5-9-2012. Thereafter last opportunity was given to the returned candidate on 21-11-2012 for bringing in his other witnesses in defence. Thereafter, on the failure of the returned candidate in bringing in his defence witnesses in spite of 11 dates elapsing, defence evidence was closed on 11-12-2012 and the matter was fixed for final arguments. There upon it appears that the returned candidate sought time 22-12-2012, 5-1-2013 as also 11-1-2013 for the purpose of final arguments. On 22-2-2013, an application for recall of the order dated 11-12-2012 closing the defence evidence was filed by the returned candidate.