Order

ANOOP KUMAR DHAND, J.

1. The instant petition has been preferred with the following prayer:

“It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:

(i) direct the respondents to forthwith open the duly sealed ballot box containing the 19 votes cast on 21.09.2026, undertake the counting thereof in accordance with the rules of the Rajasthan Municipalities (Election) Rules, 1994 and declare the result of the election for Chairman, Nagar Palika Khatushyamji in accordance with law;

(ii) quash and set aside any decision/order by which election process of Chairman, Nagar Palika Khatushyamji is stayed or deferred or interfered with in any manner whatsoever and direct the respondents to declare the results of Chairman, Nagar Palika Khatushyamji basedon votes cast within the time frame published by the State Election Commission on 21.09.2026 immediately;

(iii) quash and set aside the communication dated 22.09.2026 (Annexure-7), to the extent that contradicts prayer (i) & (ii) wherein proposes to conduct/recommence the election for Chairman, Nagar Palika Khatushyamji on 25.09.2026;

(iv) restrain the respondents from permitting any fresh or additional voting in respect of the election for Chairman, Nagar Palika Khatushyamji after expiry of the polling period of notified by the State Election Commission vide Annexure-1;

(v) pass any other appropriate order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case.”

2. By way of filing the instant petition, a prayer has been made for issuing directions to the respondent-authorities to open the duly sealed ballot box containing the 19 votes cast on 21.09.2026 and undertake the counting thereof in accordance with the provisions contained under the Rajasthan Municipalities (Election) Rules, 1994 (for short, ‘the Rules of 1994’) and declare the result of election for the post of Chairman, Municipal Board, Khatushyamji, District Sikar, in accordance with law.

3. Learned counsel for the petitioner submits that the elections for the post of Chairman, Municipal Board, Khatushyamji, District Sikar were scheduled to be conducted on 21.09.2026, as per the programme declared by the State Election Commission. Counsel submits that as per the programme declared by the State Election Commission, the election for the post of Chairman, Municipal Board, Khatushyamji, District Sikar were supposed to be held on 21.09.2026 and the time for the voting process was fixed between 10.00 AM to 02.00 PM, and after completion of the voting process, the counting was required to be conducted on the same day, i.e. on 21.09.2026. Counsel submits that in all, the 20 members elected to the Municipal Board, Khatushyamji, District Sikar were supposed to cast their votes, but only 19 members cast their votes within the above stipulated timeline, and one member failed to cast her vote. Counsel submits that the concerned Returning Officer, on his own whim, initially extended the deadline for casting the votes from 02.00 PM to 02:30 PM, thereafter from 02:30 PM to 05.00 PM, and from 05.00 PM to 08.00 PM, from 08.00 PM to 10:30 PM and finally, the deadline for casting the votes was extended from 10:30 PM to 11:30 PM on the fateful day, i.e. on 21.09.2026. Counsel submits that thereafter, the concerned Returning Officer wrote a letter to the Secretary, State Election Commission seeking guidance by giving reference of an FIR registered by the husband of the member who failed to cast her vote. Counsel submits that the aforesaid FIR bearing No.181/2026 was registered with the Police Station Khatu Shyamji, District Sikar, by the complainant Harlal, wherein it was alleged that his wife was elected from Ward No.10, Municpal Board Khatushyamji, District Sikar, but she was abducted and was unable to cast her vote. Counsel submits that the aforesaid FIR was registered after two hours and thirteen minutes of completion of the voting deadline, as prescribed un