CHUNARAM Vs. MUNSIF MAGISTRATE JODHPUR

JUDGEMENT

(1.) THIS is a writ petition under Articles 226 and 227 by one Chuna Ram against an order of the Munsif, Jodhpur District, acting as a Tribunal under Rule 78 of the Rajasthan Panchayat and Nyaya Panchayat Election Rules, 1960, setting aside his election to the office of the Sarpanch on a petition filed by Girdhari Singh, respondent No. 2. The writ petition has been contested by Girdhari Singh.

(2.) ONE election petition was filed by Girdhari Singh challenging the election of Chuna Ram, Sarpanch. Another election petition was filed by one Vijay Singh challenging the election of Chuna Ram, Sarpanch and the other ten Panchas elect-ted from the ten wards of Nevra Gram Panchayat. These two election petitions were consolidated. A reply was filed by Chuna Ram and the other ten Panchas in the election petition filed by Vijay Singh, whose election was challenged. No reply was filed in Girdhari Singh's election petition. The allegations made in Girdhari Singh's election petition were same as those made in Vijay Singh's election petition. I shall refer to the allegations made in Vijay Singh's election petition and the reply therefore filed by Chuna Ram in that petition.

(3.) IN my opinion, this contention has no force. If an order passed under a rule is not obeyed then, in my opinion, there is a non-compliance with the rule under which this order is passed.