JEEVANI BANO Vs. ASHA ARORA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20-1997 passed by the Civil Judge (Senior Division)-cum-Chief Judicial Magistrate, Hanumangarh, by which the learned Civil Judge dismissed the election petition filed by the appellant-petitioner.

(2.) Learned counsel for the appellant, though challenge the order passed by the learned Civil Judge on merit as well as on the ground of jurisdiction, but the appeal can be disposed of only on the question of jurisdiction of the trial Court in passing the decree and it is not necessary to go into the merits of the appeal.

(3.) The contention of the learned counsel for the appellant is that the power to hear the election petition under the Municipalities Act is vested in the District Judge having jurisdiction over the area in which the Municipal Office is situated, or to the Additional District Judge subordinate to the District Judge, to whom the District Judge, after assigning the reasons, has transferred the election petition for hearing and disposal and the Civil Judge, who passed the order, has no jurisdiction to hear and decide the election petition.