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2003 Supreme(Raj) 1371

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Y.R.Meena, Shashi Kant Sharma, JJ.
Nand Ram and Others - Appellant
Versus
Distt. Election Officer and Anr. - Respondent
D.B. Civil Special Appeal No. 34 of 2000.
Decided On : 8-08-2003

Advocates:
For the Appellants:D.V. Tholia, Advocate.
For the Party: R. Yadav, Dy. G.A.

Headnote:

The appeal filed before the collector as the petitioner's name was deleted from electoral roll-the below court rejected writ petition on ground that the party can approach through appeal before collector for his remedy-appeal filed against it- Appellant given liberty to file copy of appeal to Collector if appeal is not traceable and Collector to decide the same within two months.

JUDGMENT

1. 1. Learned counsel for the appellants submits that the names of the appellants were deleted from the electoral list and they came to know about it on or about 28th December, 1999. Thereafter, they filed the appeal before the Collector under Rule 21 of the Rajasthan Panchayati Raj (Election) Rules, 1994. That has not been decided by the Collector.

2. The petition has been dismissed on the ground that the remedy of appeal has been provided under the Rules, the writ petition is not maintainable.

3. Considering the submissions and the fact that the alternative remedy of appeal provided under Rule 21 of the Rajasthan Panchayati Raj to (Election) Rules, 1994 is available, we see no reason to interfere in the Impugned order.

4. Mr. Tholia submits that the appeal has already been submitted, but the same has not been decided by the Collector.

5. We direct the Collector to decide the appeal of the appellants within two months. Liberty is also given to the appellants that if the concerned appeal is not traceable, then the appellants shall file a copy of that appeal before the Collector and the Collector shall decide the same within a period of two months from the date of receipt of a copy of the appeal.

6. The appeal stands disposed of with the above directions.Appeal Disposed of as above.

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