ASHOK KUMAR JAIN S/O SH. SOHANLAL JAIN Vs. DISTRICT JUDGE, CHITTORGARH (CONSTITUTED ELECTION TRIBUNAL UNDER THE PANCHAYATI RAJ ACT 1994) & ORS.

JUDGEMENT

(1.) This writ petition has been filed on behalf of the petitioner being aggrieved with the order passed by the District Judge, Chittorgarh whereby, it has transferred the election petition filed under Section 43 of the Rajasthan Panchayati Raj Act, 1994 (for short 'the Act of 1994') read with Section 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (for short 'the Rules of 1994') to the Additional District Judge, No. 2, Chittorgarh.

(2.) It is claimed in the writ petition that as per the law laid down by this Court in Smt. Ganga Devi v. District Judge, Bharatpur, reported in 2006 WLC (Raj.) UC 287 , an election petition filed under Section 43 of the Act of 1994 can be transferred by the District Judge concerned to the Senior Civil Judge or Additional Senior Civil Judge only and not to any other court.

(3.) During the pendency of this writ petition, the District Judge, Chittorgarh has transferred the said election petition to the Senior Civil Judge vide order dated 19.1.2017, however, the petitioner is claiming that the Senior Civil Judge cannot proceed with the election petition from the stage, it has reached before the Additional District Judge, No. 2, Chittorgarh and the court is required to proceed with the election petition afresh.