HANUMAN SAHAI Vs. DISTRICT JUDGE JAIPUR

JUDGEMENT

(1.) THESE four writ petitions can be conveniently disposed of by one judgment as the same question of law arises in them. The petitioners are Pradhans of Panchayat Samitis, Bairath, Kotputli, Bassi and Jhotwara respectively whose elections have been challenged under sec. 13 of the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959, which runs as follows : - "13. Dispute as to election under sec. 12.- (1) The election of a Pradhan or Up-Pradhan of a Panchayat Samiti may be called in question by any member thereof by presenting in the prescribed manner to the Judge a petition in this behalf on the prescribed grounds and within the prescribed period. (2) A petition presented under sub-section (1) shall be heard and disposed of in the prescribed manner and the decision of the Judge thereon shall be final. " Under sec. 2 (6) "judge" means - (a) the District Judge sitting at the place where the principal office of the Panchayat Samiti is situated, or (b) where there is no such District Judge, the Civil Judge so sitting, or (c) where there is no such Civil Judge also, any other Civil Judge specially empowered in this behalf by the District Judge having jurisdiction.

(2.) BAIRATH, Kotputli, Bassi and Jhotwara are in Jaipur District. The District Judge of that district sits at Jaipur. No other place of sitting of the District Judge has been appointed under sec. 16 of the Rajasthan Civil Courts Ordinance. No Civil Judge sits either at BAIRATH or at Kotputli, or at Bassi or at Jhotwara. The election petitions in all these cases were presented to the District Judge, Jaipur District, who himself proceeded to try them. During the trial an objection was taken by the petitioners that the District Judge had no jurisdiction to try the election petition) as under sec. 2 (6) (c) it can only be tried by a Civil Judge specially empowered by the District Judge. This objection was overruled by the District Judge. Against that order the present writ petitions have been filed and the contention of the petitioners is that the District Judge has no jurisdiction to try the election petitions.