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2016 Supreme(Raj) 1552

NAVIN SINNA, V.K.MATHUR
Babu Lal Jain S/o Shri Bhom Raj Jain – Appellant
Versus
District Judge, Bikaner – Respondent


Advocates Appeared:
For the Appellant : Mr. Hemant Dutt
For the Respondents: Mr. Kapil Joshi

JUDGMENT :

The present appeal arises from the order dated 28.04.2016 dismissing S.B. Civil Writ Petition No.1494/2016. The Learned Single Judge declined interference with order dated 10.09.2015 of the District & Sessions Judge, Bikaner transferring Election Petition No.074/2015 to the court of Additional District & Sessions Judge, No.2 Bikaner as also the order dated 18.01.2016 passed by the Additional District & Sessions Judge, No.2, Bikaner in renumbered Election Petition No. 99/2015 rejecting the Appellants petition that the latter did not have the jurisdiction to hear the matter under Section 31 of the Rajasthan Municipalities Act, 2009 (hereinafter referred to as 'the Act').

2. Learned Counsel for the Appellant submitted that Section 31 of the Act provides that the election of any person as a Member of a municipality may be questioned by an election petition before the District Judge having territorial jurisdiction over the municipal area in question. An appeal lies from the order of the District Judge to this Court under Section 32 of the Act. From amongst the persons elected as a Member, the Chairperson or the Vice-Chairperson is elected in the prescribed manner. The election



















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