MANJU SAINI Vs. PARBHATI

JUDGEMENT

(1.) Short and interesting question arises in this revision petition as to what is the scope of Rule 89 of the Rajasthan Panchayati Raj. (Election) Rules, 1994 (hereinafter referred to as the Rules of 1994) in connection with the transfer of election petition filed before the District Judge.

(2.) The petitioner Smt. Manju Saini, is a duly elected Sarpanch of village Panchayat Nayan, Panchayat Samiti Shahpura, District Jaipur constituted under the provisions of Rajasthan Panchayati Raj Adhiniyam, 1994 (hereinafter to be referred to as the Act of 1994).

(3.) The non-petitioner Smt. Prabhati was a contesting candidate in the said election and after declaration of result the petitioner elected as Sarpanch by the, Returning Officer concerned. The non-petitioner instituted a civil suit under Rule 80 of the Rules of 1994 in the Court of District Judge, Jaipur District. This civil suit came to be registered in the said court as Civil Suit No. 31 of 1995 and the petitioner was summoned to appear before the said court on 15.4.1995. The petitioner submitted an application under Order 6 Rule 16 read with Order 7 Rule 11 Code of Civil Procedure and 151 Code of Civil Procedure and under Rule 80, 81, 82 and 83 of the Rules of 1994 before the District Judge, Jaipur District, Jaipur on.15.4.1995. The copy of the application was supplied to the opposite party on the same day and the case was adjourned for filing the reply of the preliminary objections for 22.4.1995.