LAWS(RAJ)-2019-5-378

BHANWAR LAL SISODIA Vs. VIJAY KUMAR BHANSALI

Decided On May 03, 2019
Bhanwar Lal Sisodia Appellant
V/S
Vijay Kumar Bhansali Respondents

JUDGEMENT

(1.) Under challenge are the orders dtd. 29/8/2017 and 11/9/2017 passed in S.B. Civil Contempt Petition No. 325/2016.

(2.) To comprehend and appreciate the challenge to the orders in issue, it would be necessary to detail the background facts in which S.B. Civil Contempt Petition No. 325/2016 arose.

(3.) The petitioner-respondent (hereafter 'the petitioner') Vijay Kumar Bhansali came to be elected as a Sarpanch of Gram Panchayat, Tamkor, Panchayat Samiti, Alsisar, District Jhunjhunu in the Gram Panchayat Elections of 2010. He filed S.B. Civil Writ Petition No. 12362/2014, 4 years subsequent to his being elected as Sarpanch inter-alia stating that despite his election as Sarpanch, Gram Panchayat, Tamkor, his predecessor Ex-sarpanch Gokul Chand Soni had not handed over the original record of the Gram Panchayat, Tamkor to him. It was alleged that Gokul Chand Soni continued to hold back the records of the Gram Panchayat at his residence. A FIR No. 74/2011 at Police Station, Alsisar, District Jhunjhunu had come to be lodged by the petitioner against the said Gokul Chand Soni under Ss. 420, 467, 468, 471 and 120B IPC. It was, in the facts and circumstances set up, prayed that the court direct the Ex-sarpanch Gokul Chand Soni to hand over the records of Gram Panchayat Samiti, Alsisar to the petitioner such that he could carry out his statutory duties as Sarpanch smoothly and effectively.