GOPAL SEN (NAI) Vs. GOPI METHANI AND OTHERS

JUDGEMENT

(1.) Heard learned Counsel for the appellant and the learned Counsel for the respondent.

(2.) In view of the fact that the relief which has been claimed by appellant is limited against the respondent No. 1, there is no need to hear the other respondents impleaded in this appeal. Thus with the consent of the learned Counsel for the parties, the appeal is being heard and decided finally.

(3.) The instant appeal is directed against the judgment dated 7.4.2014 passed by the learned Addl. District Judge No. 1 Bhilwara in Misc. Case No. 16/2010 whereby the election petition filed by the respondent No. 1 Gopal Methani under Section 31 read with Section 24(XV1I) of the Rajasthan Municipalities Act, 2009, (hereinafter referred to as the Act) was allowed and the election of the appellant on the post of Municipal Councillor was quashed and the respondent was declared elected for the said post. The appellant has challenged the impugned judgment principally on two grounds; (1) that he was not provided any opportunity of leading evidence; and (2) as the persons contesting the election were more than two in number, the learned Tribunal could not have declared the respondent No. 1 elected on the post of Municipal Councillor even if the appellant was held disqualified from contesting the election.