SOHAN LAL Vs. JAGDISH & ORS.

JUDGEMENT

(1.) The controversy involved in this writ petition is to the effect that whether a District Judge can transfer the election petition filed before him under Section 43 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter to be referred to as the 'Act of 1994') read with Rule 80 of the Rajasthan Panchayati Raj Election Rules, 1994 to any subordinate court.

(2.) Learned counsel for the petitioner has submitted that as per proviso to Section 43 of the Act of 1994 the District Judge can only transfer a election petition preferred under Section 43 of the Act of 1994 to a Civil Judge or Additional Civil Judge (Senior Division) subordinate to him and not to any other subordinate court.

(3.) It is argued that in the present case the respondent No. 1 has filed election petition under Section 43 of the Act of 1994 while challenging the election of the petitioner to the post of Sarpanch of Gram Panchayat, Eyaran before the District Judge, Churu, however, the District Judge has transferred the election petition to the Additional District Judge, Sujangarh and the said action of the District Judge, Churu is in contravention of the proviso to Section 43 of the Act of 1994.