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2022 Supreme(Raj) 1735

MAHENDRA KUMAR GOYAL
Ghanshyam Gurjar – Appellant
Versus
Hemant Singh – Respondent


Advocates appeared:
Virendra Godara, Advocate, for the Appellant
Rahul Kamwar and Prashant Sharma, Advocates, for the Respondents

JUDGMENT

Mahendra Kumar Goyal, J. - The petitioner, a returned candidate, has filed this writ petition assailing the order dated 17.12.2021 passed by the learned District Judge, Jhalawar in election petition no. 127/2021 whereby, an application filed by him for re-hearing the election petition, has been dismissed.

2. The undisputed facts necessary for disposal of the controversy involved in the matter are within narrow compass. Election of the petitioner as Sarpanch, Gram Panchayat, Barkhera Kalan dated 29.1.2020 was challenged by the respondent no. 1/applicant by way of an election petition presented to the learned District Judge, Jhalawar on 15.2.2020 which was transferred to the Court of learned Additional District Judge, Jhalawar (for brevity-'ADJ') vide order dated 17.2.2020. When the election petition was at the stage of final arguments, on an application filed by the applicant, it was transferred back by the learned ADJ to the learned District Judge on account that it did not have jurisdiction to hear and decide the election petition. After its re-transfer to the learned District Judge, the petitioner moved an application dated 29.10.2021 for re-trial, which has been dismissed

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