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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.19284/2026 CNR: RJHC020932542026 | URN: CW / 40121U / 2026 Anil Mittal Son Of Shri Mahaveer Prasad Mittal, Aged About 49 Years, Resident Of Ward No.17, Sardar Bazar, Kekri, District Ajmer.

----Petitioner Versus

1. State of Rajasthan, Through Chief Secretary, Government of Rajasthan, Secretariat, Jaipur, Rajasthan.

2. The Director General of Police, Rajasthan, Jaipur.

3. The Chief Election Commissioner, Rajasthan Election Commission, Jaipur.

4. The District Collector Cum District Election Officer, Ajmer

5. The Returning Officer, (Sub Divisional Officer Cum Sub Divisional Magistrate) Nagar Palika, Kekri, District Ajmer.

----Respondents For Petitioner(s) : Mr. R.P. Singh, Sr. Adv. assisted by Mr. Praveen Kumar Jain For Respondent(s) : Mr. Rajendra Prasad,Advocate General assisted by Ms. Dhriti Laddha JUSTICE ANOOP KUMAR DHAND

Order

21/09/2026

1. Today, it is holiday on account of Baba Ramdev Jayanti and looking to the urgency shown by the petitioner, the instant writ petition has been listed today before this Court by the orders passed by the Hon'ble Chief Justice. The Courts are not prevented from functioning even on holidays when it comes to protecting the rights of citizens, as the doors of the temple of justice never remain closed.

2. It is a well-settled principle of law that the Courts are empowered and indeed duty-bound to function even on holidays, including Sundays and public holidays, where the exigency so demands, particularly for the protection and preservation of the fundamental and legal rights of the citizens. The administration of justice cannot be fettered by the concept of holidays, for the cause of justice brooks no delay when the liberty, life and rights of a citizen are at stake. It is often said that the doors of the temple of justice are never closed and remain open for all, at all times. The Courts being the sentinel on the qui vive for the protection of the rights of the citizens, cannot shut its eyes or close its doors when a citizen approaches it for redressal of his grievance, even on a holiday.

3. The instant writ petition has been submitted by the petitioner with the following prayer:-

“In view of the facts and circumstances stated hereinabove, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to:-

(i) issue an appropriate writ, order or direction, in the nature thereof, the respondents may be directed not to postpone the election of the Chairman, Nagar Palika, Kekri, District Ajmer, which is scheduled to be held on 21.9.2026 at 10 am and further direct the respondents not to disqualify the petitioner from contesting the election of Chairman, Nagar Palika, Kekri, District Ajmer on the basis of alleged complaint (Annexure-7) or any other reason and to conduct the election in an fair and impartial manner and respondents may be further ensure to provide security to all the voters (40) who will cast their vote in the upcoming election of Chairman, Nagar Palika, Kekri, District Ajmer.

(ii) issue an appropriate writ, order or direction, in the nature thereof, the respondents may be directed not to take any coercive action against the petitioner including his arrest and detention and protect his life and liberty;

(iii) pass any other order/orders, direction/directions, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice;

(iv) award costs of the present writ petition in favour of the petitioner and against the respondents.”

4. By way of filing the instant writ petition, multiple prayers have been made i.e. to issue direction to the respondents not to postpone the election process scheduled today i.e. 21.09.2026 at 10:00 AM on the post of Chairman, Municipal Board, Kekri, District Ajmer (for short ‘the Board’); not to disqualify the petitioner from contesting the above election of Chairman of the Board, scheduled today;