HAFIZ MOHAMMED Vs. STATE

JUDGEMENT

(1.) By this writ petition, the petitioner seeks to quash the order dated 2412-1994 (Anx. 17) passed by the Collector, Bhilwara whereby he has set aside the order of the Registration Officer (Panchayat), Bhilwara dated 24-11-1994 including the petitioner's name in the voter list of Ward No. 2, Panchayat Circle Suwana, Dist. Bhilwara.

(2.) Briefly stated the facts of the case as alleged by the petitioner are that he moved an application for inclusion of his name in the voter list of Ward No. 2 of village Suwana Panchayat Circle Suwana as per the provisions of Rule 13(1) of the Rajasthan Panchayat Raj (Election) Rules, 1994 (hereinafter referred to as the Rules of 1994) framed under the newly enacted Panchayat Raj Act, 1994 (hereinafter referred to as the Act of 1994) within a period prescribed under Rule 12 (2) of the Rules of 1994. The petitioner in support of his claim produced certificate dated 31-3-1994 issued by the Administrator of the Gram Panchayat certifying that the petitioner is residing at his farm house in village Suwana. The petitioner also submitted affidavits of certain persons along with Jamabandi of the agricultural land. Against the petitioner's claim for inclusion, two persons viz. Jawaharlal and Jeevan Singh filed objections in the prescribed Form II. On 23-11-1994 Jawaharlal moved an application before the Registration Officer to withdraw the objection raised by him. On 24-11-1994 one Jagdish Paliwal on behalf of Jeevan Singh moved an application objecting the inclusion of the petitioner's name in the voter list of Ward No. 2 of village Suwana. The Registration Officer vide order dated 25-11-1994 (Anx. 15) overruled the objections raised by the objectors and ordered that the name of the petitioner and his wife shall be included in the voter list of Ward No. 2, Panchayat Circle Suwana. Dissatisfied with the order of the Registration Officer, an appeal was preferred by the objector Jeevan Singh before the Collector, Bhilwara. The Collector while allowing the appeal of the objector set aside the order of the Registration Officer vide his judgment dated 24-12-1994 (Anx. 17). Hence, this writ petition.

(3.) This writ petition has been preferred in the winter break on 29-12-1994 and was placed before the Senior Judge on the station for orders. Being urgent matter Hon'ble Senior Judge ordered that as it is 7.45 p.m. today and I am out tomorrow the matter be placed for disposal before the Senior Most Judge available tomorrow at principal seat. On 30-12-1994, the Senior Most Judge at the Principal seat ordered to issue notice returnable by the 2/01/1995 to be given dasti. The non-petitioners have been served and reply has been filed by the non-petitioner No. 1 and No. 4 respectively. The matter has come up before me on 3-1-1995 and as agreed by the learned counsel for the parties the matter is heard finally looking to the urgency in the matter.