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2016 Supreme(Raj) 255

NAVIN SINHA, PANKAJ BHANDARI
Shanti Lal – Appellant
Versus
Rajasthan State Election Commission – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr V.K. Agganoal, Advocate.

JUDGMENT :

Present appeal arises from order dated 23rd February 2015 dismissing S.B. Civil Writ Petition No.1745/2015 holding that the results of elections for the post of Sarpanch under the Rajasthan Panchayati Raj Act, 1994 (herein after 'the Act') could only be questioned in an Election Petition in the prescribed manner under the Rajasthan Panchayati Raj (Election) Rules, 1994 (herein after 'the Rules') and that Article 226 was not the appropriate remedy, by passing the statutory remedy of an election petition.

2. We have heard counsel for the appellant.

3. In view of the law laid down as far back in N.P. Pannuswami v. Returning Officer, Namakal, Salem Distt. & others, AIR 1952 SC 64, in this regard we find no reason to interfere with the order of the learned Single Judge.

4. Section 43 of the Act provides for determination of disputes as to elections by presenting an application in the prescribed manner before the District Judge having jurisdiction within prescribed period. The period prescribed under rule 80 for filing such application is 30 days. The writ petition was filed well within period of 30 days from 24th January 2015 when results were published.

5. In Danda Rajeshwari v.





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