Back
2022 Supreme(Raj) 2329
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Prakash Gupta, Anoop Kumar Dhand, JJ.
Muthri Devi – Appellant
Versus
Vishni & Ors. – Respondents
D.B. Civil Special Appeal No. 936/2022 in S.B. Civil Writ Petition No. 8315/2022
Decided On : 02-08-2022
Rajendra Prasad, Sr. Advocate and Deepak Sharma, Advocate., for the Appellant
Prem Chand Dewanda, Advocate., for the Respondents
The main legal point established is the requirement for a reasoned order in granting a stay, as well as the need to consider the specific legal principles applicable to the case at hand.
Headnote:
Stay Order - Election Disqualification - 1994 Act, Section 3 - The court discussed the ad-interim stay order passed by the learned Single Judge, the principles laid down by the Hon'ble Supreme Court in the case of Vishwanatha Reddy v. Konappa Rudrappa Nadgouda [1969 AIR SC 604], and the need for a reasoned order in granting a stay.
Fact of the Case:
The appellant challenged the ad-interim stay order passed by the learned Single Judge, which stayed the effect and operation of the order cancelling the election of the writ-petitioner as Sarpanch and declaring the appellant as the winning candidate.
Finding of the Court:
The court found that the learned Single Judge passed a non-speaking order and did not provide cogent and convincing reasoning for staying the entire order passed by the Election Tribunal.
Issues: The issues revolved around the legality of the ad-interim stay order, the principles laid down by the Hon'ble Supreme Court in a similar case, and the need for a reasoned order in granting a stay.
Ratio Decidendi: The court emphasized the need for a reasoned order in granting a stay and set aside the impugned ad interim stay order, remitting the case back to the learned Single Judge for a fresh decision.
Final Decision: The special appeal was disposed of, granting one week's time to the appellant to file a reply to the writ petition and stay application, and requesting the learned Single Judge to decide the stay application afresh within two weeks.
JUDGMENT
1. With the consent of learned counsel appearing for the contesting parties, the instant special appeal is being heard and decided at this stage.
2. The appellant has challenged the ad-interim stay order dated 16.06.2022 passed by the learned Single Judge in SB Civil Writ Petition No. 8315/2022 (Vishni v. Muthri Devi and Ors.), by which the learned Single Judge while admitting the writ petition and issuing notice to the respondents, has stayed effect and operation of the order dated 25.05.2022 passed by the Court of learned District Judge, Dausa, District Dausa (Raj.) [for short 'the Election Tribunal'] by which the Election Tribunal has cancelled the election of the writ-petitioner (respondent No. 1 herein) as Sarpanch, Gram Panchayat Saipur Pakha, Panchayat Samiti Mahwa, Tehsil Mandawar, District Dausa and the appellant has been declared as a winning candidate for the post of Sarpanch of the above Gram Panchayat.
3. Mr. Rajendra Prasad, learned Senior Counsel assisted by Mr. Deepak Sharma appearing for the appellant submits that the ad-interim stay order passed by the learned Single Judge is a non-speaking order and the learned Single Judge while admitting the writ petition and passing the ad-interim stay order has not assigned any reason. Learned Senior Counsel submits that following observations have been made by the Election Tribunal in its order dated 25.05.2022 in the election petition filed by the appellant:-
ifj.kkeLo:i ;kfpdkdkj eqFkjh nsoh dh vksj ls izLrqr ;g pquko ;kfpdk fo:) v;kphx.k fo'kuh oxSjg Lohdkj dh tkrh gS o vkns'k fn;k tkrk gS fd v;kph la[;k&1 fo'kuh nsoh iRuh ujsUnz dqekj ehuk] dk xzke ipka;r lk;iqj ik[kj ds ljiap in dk fuokZpu jktLFkku iapk;rh jkt vf/kfu;e 1994 esa of.kZr izko/kkuksa ds vuqlkj v;kph la[;k&1 fo'kuh nsoh ds fnukad 27-11-1995 ds i'pkr~ 3 i`Fkd&i`Fkd larkusa mRiUu gksus ds dkj.k mDr vf/kfu;e ds izko/kkuks ds vuqlkj v;kph la[;k&1 ljiap in dk pquko yM+us gsrq v;ksX; gksus ls vizkFkhZ la[;k&1 fo'kuh nsoh dk xzke iapk;r lk;iqj ik[kj iapk;r lfefr egok rglhy e.Mkoj ftyk nkSlk dks ljiap in ds fy, fot;h ?kksf"kr fd;s tkus dk fuokZpu fnukad 28-09-2020 dks fujLr fd;k tkrk gS o ;kph eqFkjh nsoh dks v;kph la[;k&1 ds i'pkr~ mDr pquko esa lokf/kZd er izkIr gksus ds dkj.k mDr ;kph eqFkjh nsoh dks xzke iapk;r lk;iqj ik[kj ds ljiap in ij fot;h ?kksf"kr fd;k tkrk gSA fu.kZ; dh ,d izfr ftyk dysDVj ¼fuokpZu vf/kdkjh½ nkSlk dks izsf"kr dj ys[k gS fd fof/kuqlkj ;kph eqFkjh nsoh dks xzke iapk;r lk;iqj ik[kj ds ljiap in ij fot;h ?kksf"kr djus dk izek.k&i= tkjh dj dk;ZHkkj lEHkykus gsrq dk;Zokgh djsaA
4. Learned Senior Counsel further submits that the order dated 25.05.2022 was passed by the Election Tribunal in two parts; (i) the election of the respondent No. 1 as Sarpanch, Gram Panchayat Saipur Pakha, Panchayat Samiti Mahwa, Tehsil Mandawar, District Dausa has been cancelled; and (ii) the appellant has been declared as a winning candidate for the post of Sarpanch of the above Gram Panchayat. Learned Senior Counsel submits that while passing the ad-interim stay order dated 16.06.2022, the learned Single Judge has stayed the entire order dated 25.5.2022 on the basis of the judgment passed by the Hon'ble Supreme Court in case of Vishwanatha Reddy v. Konappa Rudrappa Nadgouda [1969 AIR SC 604].
5. Learned Senior Counsel submits that the main reason for passing the impugned ad-interim stay order dated 16.06.2022 was that the order dated 25.5.2022 passed by the Election Tribunal declaring the appellant as a winning candidate for the post of Sarpanch of the above Gram Panchayat, was contrary to the principles laid down by the Hon'ble Apex Court in the case of Vishwanatha Reddy (supra), but so far as the ad-interim stay order dated 16.6.2022 passed by the learned Single Judge staying the entire effect and operation of the order dated 25.05.2022 passed by the Election Tribunal is concerned, same is contrary to the principles laid down by the Hon'ble Apex Court in the case of Vishwanatha Reddy (supra). Learned Senior
