VIJAY @ VIJAY DUTT SHARMA Vs. MAHESH & ORS

JUDGEMENT

(1.) In the present petition, the petitioner has challenged the order dated 31.03.2015 passed by the District & Sessions Judge Sawai Madhopur (hereinafter referred to as "the District Judge") in case No.10/2015 whereby he has transferred the case to the Court of Additional Civil Judge (Sr. Division) Gangapur City.

(2.) The petitioner is the elected Sarpanch of Village Panchyat Baman Baroda, District Sawai Madhopur in the election held on 01.02.2015. The respondent No.1, who was also contesting the said election had filed the election petition before the District Court under Section 43 of the Rajasthan Panchyati Raj Act (hereinafter referred to as "the said Act") read with Section 80 of the Rajsathan Panchayati Raj (Election Rules) 1994 (hereinafter referred to as "the said Rules"). The said case was registered in the court of District & Sessions Judge, Sawai Madhopur as the election petition and the summons was issued to the petitioner to appear before the said Court. As per the case of the petitioner, when he appeared before the said court on 31.03.2015, the District Judge transferred the case to the court of Additional Civil Judge (Sr. Division) Gangapur City on the ground that there was heavy burden of work in his Court, and the election petition required expeditious disposal. Being aggrieved by the said order, the present petition has been filed.

(3.) Learned counsel Mr. Gopendra Singh Shekhawat for the petitioner placing heavy reliance on the decision of this Court in case of Smt. Manju Saini Versus Smt. Parbhati,1997 1 WLC(Raj) 466, submitted that the District Judge should not have transferred the matter to the subordinate court mechanically when the subordinate courts are also overburdened with the cases.