JUDGMENT

Mahendra Kumar Goyal, J. - This writ petition has been filed by the petitioner, a returned candidate, whose election as Sarpanch, Gram Panchayat Gehu Khedi, Tehsil Aklera has been set aside by the learned Additional District Judge, Aklera, District Jhalawar in the election petition no. 25/2020 vide its judgement dated 25.8.2021 and the respondent has been declared as elected Sarpanch.

2. The facts in brief are that in the election conducted on 22.1.2020, the petitioner was elected as Sarpanch, Gram Panchayat Gehu Khedi which came to be challenged by the respondent-applicant by way of an election petition presented before the learned District Judge, Jhalawar under Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (for brevity-'the Rules of 1994') which was transferred for its hearing to the Court of learned Additional District Judge, Aklera, who, vide judgement dated 25.8.2021, set aside the election of the petitioner as Sarpanch and has declared the respondent as elected Sarpanch.

3. Gravamen of the contention of the learned counsel for the petitioner has been that the judgement dated 25.8.2021 is a nullity inasmuch as the learned Additional District Judge had no