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KULDEEP MATHUR
Anju Parihar W/o Shri Sanwarlal – Appellant
Versus
Looni Devi W/o Shri Banshi Lal – Respondent
ORDER :
1. The present writ petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India seeking following reliefs:
(i) by an appropriate writ, order or direction, impugned order dated 17.9.2024 (Annex.3) passed in the Civil Misc. Case (Election Petition) No. 3/2022 (Looni Devi vs. Anju) in the Court of Senior Civil Judge No. 7, Jodhpur Metropolitan may kindly be quashed and set aside and the application (Annex.1) may kindly be rejected.
(ii) any other appropriate writ, order or direction which this Hon’ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner.”
2. Succinctly stated facts of the present case are that the election of the petitioner pursuant to the election held on 10.10.2020, was challenged by the respondent-Looni Devi by way of an election petition filed before the District Judge, Jodhpur Metropolitan, mainly on the ground that the petitioner is a mother of three children and thus was ineligible to contest the elections as per Section 19(1) of the Rajasthan
The Election Tribunal has discretion in applying procedural laws and can appoint a commissioner for recording evidence, which is not contrary to established rules.
The requirement for personal presentation of an election petition under applicable rules can be satisfied through e-filing and virtual presence due to extraordinary circumstances, ensuring compliance....
The main legal point established in the judgment is that election disputes falling within the domain of Chapter II of R.P. Act, 1951 should be challenged through a properly constituted election petit....
The court determined that lack of video recording verification and procedural violations necessitate a recount to ensure election integrity.
Election petitions must be personally presented by the election petitioner, but compliance with e-filing during pandemic conditions can satisfy procedural requirements.
The main legal point established in the judgment is the validity of the presentation of an election petition before the Munsarim within the stipulated time period of 30 days before the District Judge....
As per Rule 3 of the Rules, an Election Petition shall be instituted within 30 days from the date of declaration of the result of the election.
The court emphasized that requests for summoning witnesses must be justified and not aimed at prolonging proceedings. Additionally, a party in the case cannot be called as the opposing party's witnes....
The finality of the electoral roll and the inability to challenge its validity in an election petition.
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