INDIRISH KHAN Vs. PRAHLADI

JUDGEMENT

(1.) BY this writ petition, the petitioners have challenged the order dated 20-2-2008 whereby the Distt. Judge, Bharatpur before whom the election petition was filed by the respondent No. 1, while transferring the petition to the Addl. Distt. Judge No. 1, Bharatpur passed order of maintaining status quo by the parties.

(2.) FACTS in brief of the case are that in the month of February, 2005, election was held to the post of Member, Panchayat Samiti Nagar, Distt. Bharatpur in which all the petitioners were elected from their respective Wards by good margin of votes. The respondent No. 1 who was loser filed an eletion petition against the petitioners under S.40 of the Rajasthan Panchayati Raj Act with the averments that the petitioners were not eligible as Ward Member of the Panchayat Samiti because they have more than two children after the cut - off date 27-11-1985, therefore, the petitioners become disqualified. The respondent No. 1 filed a stay petition under S.151, CPC in the election petition with the averments that the petitioners may be restrained from participating in the election process of Panchayat Samiti. On the said application the aforesaid impugned order was passed.

(3.) SUBMISSION of Mr. Yadav is that except the proviso part, the Court is competent to pass the status quo order under the provisions of the CPC i.e. under O.39, R.1 and R.2, CPC.