CHHITAR MAL Vs. MUNSIF RAJGARH

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution against an order of the Munsif, Rajgarh, acting as a Tribunal under rule 78 of the Rajasthan Panchayat and Nyaya Panchayat Election Rules 1960, allowing Badri respondent No. 3 to prosecute an election petition filed by Prabhu Singh who withdrew from it. The election petition has been contested on behalf of Badri.

(2.) CHHITARMAL petitioner, Prabhu Singh respondent No. 3 and Shri Kishan respondent No. 4 contested the election to the office of Sarpanch on 4. 1. 65. Chhitar Mal was declared as duly elected. His election was challenged by an election petition by Prabhu Singh. Badri and Shri Kishan who were the other defeated candidates were impleaded as respondents to this election petition. Badri filed a written statement supporting the election petition. During the pendency of the election petition Badri filed an application on 9. 4. 65 before the Tribunal praying that either he may be transposed as an election petitioner in place of Prabhu Singh or the latter should not be allowed to withdraw his election petition. This application was not accompanied by a security deposit of Rs. 50/ -. A copy of this application was delivered to Prabhu Singh on 26. 4. 65. On the same day he filed an application withdrawing the election petition and prayed for the refund of the security deposit. After hearing the parties the Tribunal passed an order on 21. 10. 65 allowing Prabhu Singh to withdraw the election petition as well as the security deposit, transposing Badri as an election petitioner and directing him to deposit Rs. 50/- as security within two days. Badri deposited the security on 23. 10. 65 and was treated as an election petitioner. Against this order the present writ petition has been filed.