MUKTILAL Vs. CHIEF SECRETARY GOVT OF RAJASTHAN

JUDGEMENT

(1.) A suit for permanent Injunction was filed by the petitioner in the court of Civil Judge (Jr. Div.) Shahpura. The said court invoking the provisions contained in Section 40 of the Rajasthan Municipality Act, 1959 (hereinafter referred to as the Act) forwarded the suit to the court of District Judge, Jaipur District vide order dated November 30, 1996. Against this order present action for filing the revision has been resorted to. During the course of argument, I have been taken through another order dated December 30, 1996 passed by the learned District Judge, Jaipur district whereby the case was further transferred to the court of Additional District Judge No. 1, Jaipur District, Jaipur.

(2.) IT appears from the perusal of the plaint that Muktilal, the present petitioner who was an elected ward member instituted a civil suit for permanent injunction seeking relief against the defendants, restraining them from removing him from the post of ward member. The election of the petitioner was not under challenge by way of election petition but an elected ward member approached the civil court for protecting his civil rights.

(3.) SECTION 40 of the Act reads as under: Who shall hear petition -(i) An election petition may be presented to and shall be heard