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2013 Supreme(Raj) 1383

AMITAVA ROY, VEERENDR SINGH SIRADHANA
Bhagwati Devi – Appellant
Versus
Smt. Komal Devi – Respondent


Advocates:
For the Appellant:R.K. Agarwal, Sr. Counsel assisted by Kamlesh Kumar Sharma, Advocate.
For the Respondent No. 1(caveator):Biri Singh Sinsinwar, Sr. Counsel assisted by Dhruv Atri, Advocate.
For the Respondent No. 4:Sanjeev Prakash Sharma, Sr. Counsel assisted by Abhishek Sharm, Advocate.

JUDGMENT

1. The present appeal witness is a challenge, in particular, to the direction contained in the order dated dated 24.05.2013 passed in S.B.Civil Writ Petition No.8379/2013 (Smt. Komal Devi v. Smt. Bhagwati Devi & Others ) permitting the respondent No.1 to remain in charge of the office of Sarpanch, Gram Panchayat Vijaypura, Tehsil Thanagali District Alwar subject to the final decision in the writ proceedings.

2. Heard Mr. R.K. Agarwal, learned Senior Counsel with Mr. Kamlesh Kumar Sharma, for the appellant, Mr. Biri Singh Sinsinwar, learned Senior Counsel with Mr. Rajesh Choudhary, for respondent No.1 and Mr. Sanjeev Prakash Sharma, learned Senior Counsel with Mr. Abhishek Sharma, for respondent No.4.

3. The facts, in short, leading to the filing of the instant appeal are that the respondent No.1 was elected in an election conducted under the Rajasthan Panchayati Raj (Election) Act, 1994 (for short, hereinafter referred to as the 'Act') to the aforementioned post. It was a multi corner contest, in which, amongst others, the appellant and the respondent No.4 also did partake in the electoral process. Contending that the respondent No.1 was, under the relevant law, disqualified
















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