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2018 Supreme(Raj) 1403

SANDEEP MEHTA
Kanhaiya Lal Meghwal – Appellant
Versus
District Judge, Balotra – Respondent


Advocates Appeared:
For the Petitioner: M.M. Dhera,
For the Respondents: Manoj Bohra

JUDGMENT :

Sandeep Mehta, J.

Through this writ petition under Article 227 of the Constitution of India, the petitioner Kanhaiya Lal being the returned Sarpanch of Gram Panchayat Chhacharlayit Kalan, Panchayat Samiti Kalyanpur, Tehsil Pachpadra, District Barmer, has approached this Court for assailing the order dated 24.4.2015 passed by the learned District Judge, Balotra in Election Petition No. 63/2015 whereby, the matter was transferred to the court of ACJM, Balotra for trial.

2. Shri. Dhera learned counsel representing the petitioner vehemently urged that the ACJM has no jurisdiction to try the case and only a Civil Judge or Additional Civil Judge can try the election petition as per Section 43 of the Rajasthan Panchayati Raj Act, 1994 and Rule 89 of the Rajasthan Panchayati Raj Election Rules, 1994. He urged that an ACJM being a criminal court has no jurisdiction to act as an Election Tribunal. He further urged that the proceedings conducted thus far by the ACJM cannot be saved for the simple reason that as the same were conducted by a court without jurisdiction and thus, all proceedings are null and void. On these grounds, he implored the Court to exercise its supervisory writ ju








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