Advocates:
['DEEPAK SHARMA', '', 'MANVENDRA SINGH', 'SATYA PAL POSHWAL', 'SUNITA PAREEK']

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 6466/2022

Gayatri Devi, Wife Of Surendra, Aged About 31 Years, Resident

Of Kothun Tehsil Chaksu, At Present Member, Zila Parishad, Ward

No. 22, District Jaipur. (As Per Title Of Election Petition).

----Petitioner

Versus

1.

Suman Devi Wife Of Shiv Pratap Harshana, Resident Of

Village Anandpura, Tehsil Kotkhawda, District Jaipur At

Present Resident Of 8A, Pancholi Vihar, New Sanganer

Road, Jaipur.

2.

Chief Election Officer, Rajasthan Election Commission,

Lokayukt Bhawan, Vaniki Marg, C-Scheme, Ashok Nagar,

Jaipur Rajasthan. (Deleted On 11.01.2022)

3.

District Collector And District Election (Returning) Officer,

District Jaipur, Collectorate Campus, Madhosingh Road,

Banipark Jaipur Rajasthan. (Deleted On 11.01.2022)

4.

Sub-Divisional Magistrate And Assistant Election

(Returning) Officer, Panchayat Samiti And Sub-Division

Chaksu, District Jaipur, Rajasthan. (Deleted On

11.01.2022)

----Respondents

For Petitioner(s)

:

Shri Rajendra Prasad, Sr. Adv. with

Shri Deepak Sharma,

Shri Manvendra Singh

For Respondent(s)

:

Shri R.K. Agarwal, Sr. Adv. with

Shri Shubham Kumar Sharma

Shri Satya Pal Poshwal

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment

28/09/2022

This writ petition is directed against the order dated

20.4.2022 passed by learned Election Tribunal (learned Additional

Civil Judge No.15), Chaksu, Headquarters Jaipur Metropolitan-I in

(2 of 16)

[CW-6466/2022]

Election

Petition

No.4/2021

CIS

No.4/2021

CNR

No.RJJM270014562021 whereby, while allowing the election

petition filed by the respondent no.1/election petitioner, election of

the petitioner as Member, Zila Parishad, Ward No.22, District

Jaipur, has been set aside, the election has been held to be void,

she has been held to be disqualified and the respondent no.1, the

election petitioner, has been declared to be the elected Member

from the Ward No.22.

The relevant facts in brief are that the respondent no.1 filed

an election petition under Section 43 of the Rajasthan Panchayati

Raj Act, 1994 (for brevity-`the Act of 1994’) read with Rule 80 of

the Rajasthan Panchayati Raj (Election) Rules, 1994 (for brevity-

`the Rules of 1994’) assailing the election of the petitioner as Zila

Parishad Member from Ward No.22, Jaipur on the premise that

electoral roll of the Ward No.22 contained electors from certain

villages of Ward No.23 and 24 as per the delimitation carried out

prior to election. It was contended that had the electors from

Ward No. 23 and 24 not been permitted to cast their vote in the

Ward No.22 and their votes are excluded, the election petitioner

would have won the election by 570 votes. It was, therefore,

prayed that election of the petitioner as Ward Member be declared

void, result of the election be cancelled and the election petitioner

be declared as the elected candidate.

The petitioner in her reply to the election petition submitted

that the election was held as per the final electoral roll of the year

2021 published on 19.4.2021 and none of the voters outside

(3 of 16)

[CW-6466/2022]

the electoral roll prepared for the Ward No.22 was permitted to

cast vote in the election.

On the basis of pleadings of the parties, the learned Election

Tribunal framed four issues including relief. The parties led their

respective evidence.

The election petition has been allowed by the learned

Election Tribunal vide its order dated 20.4.2022 in terms as stated

hereinabove.

Learned Senior Counsel for the petitioner, Shri Rajendra

Prasad submitted that Section 18 of the Act of 1994 provides that

for each Ward or Constituency so divided under this Act, there

shall be prepared and maintained by or under the supervision of

the State Election Commission, an electoral roll and as per Section

18C, every person, who is registered in the electoral roll of any

Ward or Constituency, shall be en