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[2026:RJ-JP:39792-DB] REPORTABLE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 1200/2026 CNR: RJHC020958092026 | URN: SAW / 2379U / 2026 Laxmi Kumari Wife Of Shri Harlal Jinjwadia, Resident Of Rupaniya Ki Dhani, Kerpura Road, Khatu, Sikar, Rajasthan -

332602.

----Appellant Versus

1. Vinita Pooniya Daughter Of Rajendra Prasad Pooniya, Resident Of Ward No. 14, Purana Power House Ke Pichhe, Khatoo, District Sikar, Rajasthan, Presently Elected Councillor From Ward No. 11, Nagar Palika Khatushyamji, District Sikar, Rajasthan.

…..Writ Petitioner/Respondent

2. State Of Rajasthan, Through Its Principal Secretary, Local Self Government Department, Government Secretariat, Jaipur, Rajasthan.

3. State Election Commission, Rajasthan, Through Its Chief Election Officer And Secretary, Government Secretariat Campus, Jaipur, Rajasthan.

4. District Election Officer (Municipal), Sikar, District Collector, Collectorate, Sikar, Rajasthan.

5. Returning Officer, Election Of Chairman, Nagar Palika Khatushyamji, (Additional District Magistrate, Sikar), Collectorate, District Sikar, Rajasthan.

----Respondents Connected with D.B. Special Appeal Writ No. 1201/2026 CNR: RJHC020958952026 | URN: SAW / 2387U / 2026

1. State Election Commission, Rajasthan, Through Its Chief Election Officer And Secretary, Government Secretariat Campus, Jaipur, Rajasthan.

2. District Election Officer (Municipal), Sikar, District Collector, Collectorate, Sikar, Rajasthan.

3. Returning Officer, Election Of Chairman, Nagar Palika Khatushyamji, (Additional District Magistrate, Sikar), Collectorate, District Sikar, Rajasthan.

----Appellants Versus

1. Vinita Pooniya D/o Rajendra Prasad Pooniya, Aged About

25 Years, Resident Of Ward No. 14, Purana Power House Ke Pichhe, Khatoo, District Sikar, Rajasthan, Presently Elected Councillor From Ward No. 11, Nagar Palika Khatushyamji, District Sikar, Rajasthan.

2. State Of Rajasthan, Through Its Principal Secretary, Local Self Government Department, Government Secretariat, Jaipur, Rajasthan.

----Respondents For Appellant(s) : Mr. R.K. Agarwal, Sr. Advocate assisted by Mr. Alok Chaturvedi Mr. Adhiraj Modi Mr. Aditya Choudhary Mr. Amit Kuri with Ms. Pinaky Paliwal Mr. Dharma Ram Mr. Ayush Sharma For Respondent(s) : Major R.P. Singh, Sr. Advocate assisted by Mr. Ashish Poonia Mr. Abhiraj Singh Deval HON'BLE THE CHIEF JUSTICE SANJAY K. AGRAWAL HON'BLE MR. JUSTICE SAMEER JAIN

Judgment

29/09/2026

1. D.B. Special Appeal Writ No. 1200/2026 has been preferred under Article 225 of the Constitution of India read with Rule 134 of the Rules of High Court for Judicature for Rajasthan, 1952, assailing the judgment dated 24.09.2026 passed in SBCWP No. 19497/2026 by learned Single Judge, whereby the writ petition filed by the writ petitioner herein came to be allowed. The relevant extract from the order dated 24.09.2026 (supra) is reproduced hereinbelow:

“34. In view of the above, this Court deems it just and proper to dispose of the petition with the following directions:

i) The election schedule fixed by the State Election Commission shall not be postponed circumstances, except in case of adverse situations like under any riots, violence, disturbance of public peace, natural calamity etc.

ii) The absence of a single voter at the time of polling cannot be a ground for re-polling. The impugned order dated 22.09.2026 passed by the respondent-authorities stands quashed and set aside.

iii) The Returning Officer is directed to conduct the counting of votes and declare the results for the post of Chairman, Municipal Board, Khatushyamji, on the basis of the votes cast on 21.09.2026 between 10:00 AM to 02:00 PM, strictly in terms of Rule 63 and 68 of the Rules of 1994, preferably within 24 hours from receipt of certified copy of this order.

iv) The result so declared shall be subject to remedy of election petition, if available to the petitioner under the law.”

D.B. Special Appeal Writ No. 1201/2026 has been preferred ass