BHAGWATI DEVI Vs. KOMAL DEVI

JUDGEMENT

(1.) THE present appeal witness is a challenge, in particular, to the direction contained in the order dated dated 24.05.2013 passed in S.B.Civil Writ Petition No.8379/2013 (Smt. Komal Devi vs. Smt. Bhagwati Devi & Others) permitting the respondent No.1 to remain in charge of the office of Sarpanch, Gram Panchayat Vijaypura, Tehsil Thanagali District Alwar subject to the final decision in the writ proceedings. Heard Mr. R.K.Agarwal, learned Senior Counsel with Mr. Kamlesh Kumar Sharma, for the appellant, Mr. Biri Singh Sinsinwar, learned Senior Counsel with Mr. Rajesh Choudhary, for respondent No.1 and Mr. Sanjeev Prakash Sharma, learned Senior Counsel with Mr. Abhishek Sharma, for respondent No.4.

(2.) THE facts, in short, leading to the filing of the instant appeal are that the respondent No.1 was elected in an election conducted under the Rajasthan Panchayati Raj (Election) Act, 1994 (for short, hereinafter referred to as the 'Act') to the aforementioned post. It was a multi corner contest, in which, amongst others, the appellant and the respondent No.4 also did partake in the electoral process. Contending that the respondent No.1 was, under the relevant law, disqualified to be elected to the post and election petition was filed by the appellant under section 43 of the Act read with Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (in short, hereinafter referred to as the 'Rules') assailing her election. The respondent No.1 and other respondents entered appearance and contested the trial, on the culmination whereof the learned Election Tribunal by its judgment and order dated 08.05.2013 declared the election of the respondent No.1 void and did set aside the same. It, however, declared the appellant to be the elected Sarpanch for the reason that she (appellant) had polled the second highest votes. Consequent to this determination, the charge of the office of Sarpanch, Gram Panchayat Vijaypura, Tehsil Thanagali District Alwar was handed over to the appellant on 15.05.2013 and according to her, she is holding the said post as on date. Being aggrieved by the annulment of her election, the respondent No.1 invoked the writ jurisdiction of this Court in S.B.Civil Writ Petition No.8379/2013.

(3.) MR . Agarwal has argued with reference to section 25 of the Act that whenever the election of the Member or Deputy Chairman of the Sarpanch, Gram Panchayat Vijaypura, Tehsil Thanagali District Alwar is declared to be void on any one or more grounds as enumerated therein, the person concerned has to forthwith hand over the charge of his/her office in the mode prescribed and that therefore, in the face of the determination made by the Election Tribunal under the Rules that the election of the respondent No.1 to the office of Sarpanch, Gram Panchayat Vijaypura, Tehsil Thanagali District Alwar was void, by no means the charge of the said office could be allowed to be with her as done by the interim direction. While admitting that in view of the decision of this Court in Smt. Ummed Kanwar (supra), the appellant cannot claim as a matter of right, even if, she has polled second highest votes, to be given the charge of the office of Sarpanch, Gram Panchayat Vijaypura, Tehsil Thanagali District Alwar to be vacated by the respondent No.1, the learned Senior Counsel has urged that in view of the disqualification of the respondent No.1, as recorded by the learned Election Tribunal after a detailed trial, she in any view of the matter could not have been reinstalled in the office concerned. According to him, the only permissible manner of handing over charge of the office of Sarpanch is as contemplated by section 25 of the Act. The order, by which the impugned arrangement has been made, in the facts and circumstances of the case has all the attributes of a final determination of the issue and thus, interference therewith in this appeal is called for, he urged.