KARNIDAN SINGH Vs. CIVIL JUDGE BIKANER

JUDGEMENT

(1.) THIS is a petition by one Karnidan Singh against an order of the Civil Judge, Bikaner, holding that he has jurisdiction to hear the election petition, which has been transferred to him by the order of the District Judge, Bikaner.

(2.) MANGALCHAND respondent filed an election petition before the District Judge, Bikaner, on 29. 1. 64 challenging the election of Karnidan Singh to Ward No. 11 of the Bikaner Municipal Council. On 31. 1. 1964 the District Judge passed an order transferring the petition for trial to the Civil Judge, Bikaner, without recording any reason. Sec. 40 of the Rajasthan Municipalities Act, 1959 runs as follows - 40. Who shall hear petition.- (1) An election petition may be presented to and shall be heard by - (a) the District Judge, sitting at the place where the municipal office is situated. (b) where there is no such District Judge, the Civil Judge, so sitting, or (c) any other Judge specially appointed by the State Government for the purpose. Provided that, where an election petition is presented as aforesaid to a District Judge, he may for reasons to be recorded in writing transfer the same for hearing and disposal to a Civil Judge, subordinate to him and sitting at the place where the municipal office is situated. (2) The District Judge or Civil Judge or any other Judge to whom an election petition is presented or transferred and by whom it is heard in accordance with the provisions of the sub-sec. (1) is hereinafter referred to as the Judge. "