2007 Supreme(Raj) 2306
MOHAMMAD RAFIQ
Sheojilal – Appellant
Versus
District Judge, Bundi – Respondent
For the Petitioner:Shri K.K. Mehrishi Senior Advocate with Shri Sanjay Mehrishi, Advocates.
For the Respondent:Shri N.K. Maloo, Advocate.
JUDGMENT
1. - Petitioner Sheojilal, elected Sarpanch of Gram Panchayat, Gothara, Tehsil Hindoli, District Bundi has filed this writ petition inter-alia with the prayer that by an appropriate writ, order or direction in the nature thereof, the proceedings of Election Petition No.CM 4/2005, Prabhu Lal v. Sheojilal & Others pending in the Court of Additional District Judge No.2, Bundi may be adjudged as being without jurisdiction and the same may be ordered to be quashed and set aside, and the order dated 28.2.2005 passed by the District Judge, Bundi transferring the proceedings of that petition to the court of Additional District Judge no.2 and the order dated 6.8.2005 passed by the passed by the Additional District Judge rejecting his application filed under Order 7 Rule 11 read with Section 151 CPC; further order dated 11.8.2006 rejecting another application filed to the same effect, may be quashed and set aside and it be declared that the District Judge, Bundi had no authority to transfer the election petition filed by respondent no.3 from his court to that of the Additional District Judge no.2, Bundi.
2. Petitioner was declared elected as Sarpanch of Gram Panchayat, Gothara, Teh
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