GOPI CHAND Vs. DISTRICT JUDGE, BIKANER

JUDGEMENT

(1.) The instant special appeal has been filed by the appellant/writ-petitioner under Rule 134 of the Rajasthan High Court Rules, 1952 against the judgment dt. 12th of July 2017 passed in SBCWP No. 14531/2016, to the extent of directions to continue the trial of election petition from the stage which has reached in the Court of Additional Chief Judicial Magistrate No. 3, Bikaner.

(2.) Learned counsel for the appellant stated the facts that earlier SBCWP No. 8977/2015 was filed by the appellant-Gopichand challenging the validity of orders dt. 1 05. 2015 (Annex. 2) and 30. 07. 2015 (Annex. 4) whereby the election petition was transferred to the Court of Additional Civil Judge (Sr. Division)- cum-Addl. Chief Judicial Magistrate, Bikaner for its disposal, the said writ petition was dismissed vide judgment dt. 27. 08. 2015 and after dismissal of the writ petition, the trial of the election petition filed by the respondent was commenced in the Court of Addl. Chief Judicial Magistrate No. 3, Bikaner.

(3.) The appellant/writ-petitioner again preferred writ petition before this Court on the ground of jurisdiction under the provisions of Rajasthan Panchayati Raj Act, 1994. The said writ petition was registered as SBCWP No. 14531/2016 and the learned Single Judge relied upon the judgment rendered by the Division Bench of this Court in the case of Babulal Jain vs. District Judge & Ors. (DBSAW No. 710/2016, decided on 21. 11. 2016). It is argued that as per Section 43 of the Act of 1994, the District Judge can transfer the election petition only to the Civil Judge or Additional Civil Judge (Jr. Division) and not to a criminal Court.