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2022 Supreme(Raj) 885

MAHENDAR KUMAR GOYAL
Gayatri Devi, Wife Of Surendra – Appellant
Versus
Suman Devi, Wife Of Shiv Pratap Harshana – Respondent


Advocates Appeared:
For the Petitioners: Shri Rajendra Prasad with Shri Deepak Sharma, Shri Manvendra Singh.
For the Respondents: Shri R.K. Agarwal with Shri Shubham Kumar Sharma, Shri Satya Pal Poshwal.

JUDGMENT :

1. This writ petition is directed against the order dated 20.4.2022 passed by learned Election Tribunal (learned Additional Civil Judge No.15), Chaksu, Headquarters Jaipur Metropolitan-I in Election Petition No.4/2021 CIS No.4/2021 CNR No.RJJM270014562021 whereby, while allowing the election petition filed by the respondent no.1/election petitioner, election of the petitioner as Member, Zila Parishad, Ward No.22, District Jaipur, has been set aside, the election has been held to be void, she has been held to be disqualified and the respondent no.1, the election petitioner, has been declared to be the elected Member from the Ward No.22.

2. The relevant facts in brief are that the respondent no.1 filed an election petition under Section 43 of the Rajasthan Panchayati Raj Act, 1994 (for brevity-`the Act of 1994’) read with Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (for brevity- `the Rules of 1994’) assailing the election of the petitioner as Zila Parishad Member from Ward No.22, Jaipur on the premise that electoral roll of the Ward No.22 contained electors from certain villages of Ward No.23 and 24 as per the delimitation carried out prior to election. I

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