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2023 Supreme(Raj) 454

REKHA BORANA
Kishan Singh S/o Kalyan Singh – Appellant
Versus
Tarachand S/o Shri Motaram – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Nitin Trivedi
For the Respondent:Mr. J.L. Purohit, Senior Advocate with Mr. Rajeev Purohit, Mr. Sourabh Kant Vyas

ORDER :

1. The present revision petition has been preferred against the order dated 01.02.2023 passed by the Senior Civil Judge, Churu in Civil Original No.02/2020 whereby an application under Order VII Rule 11 of Code of Civil Procedure (CPC) as preferred by the defendant has been rejected and it has been held that the Court did have jurisdiction to try/hear the election petition in terms of Section 43 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act of 1994').

2. The facts of the case are that respondent no.1 Tarachand preferred an election petition before the District Judge, Churu challenging the election of petitioner Kishan Singh as Sarpanch of Gram Panchayat Indrapura, Tehsil and District Churu. After the election petition being registered, the same was transferred to the Court of Senior Civil Judge, Churu. In the said petition, an application under Order VII Rule 11, CPC was preferred by defendant Kishan Singh with the submission that in terms of Section 43 of the Act of 1994, the Court did not have the jurisdiction to hear the election petition as the Senior Civil Judge is not the authority to whom the petition could have been transferred in term

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