HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 8363/2021

Ashok Kumar Kumawat S/o Shri Kishore Kumar Kumawat, Aged

About 36 Years, Resident Of Ward No. 12, Deepawali Dhani

Ringas, Tehsil Srimadhopur, District Sikar (Raj.)

----Petitioner

Versus

1.

Harishankar S/o Shri Hanuman Sahai, Aged About 63

Years, Resident Of Ward No. 3, Dhani Sukhdehi (Imarti)

Ringas, Tehsil Srimadhopur, District Sikar (Raj.)

2.

Rajendra S/o Shri Badri, Aged About 49 Years, Resident

Of Ward No. 23, Kumharo Ka Mohalla, Tehsil Srimadhopur,

District Sikar (Raj.)

3.

Subhash Chand S/o Shri Shankarlal, Aged About 49

Years, Resident Of Ward No. 12, Shiv Nagar, Ringas,

Tehsil Srimadhopur, District Sikar (Raj.)

4.

Returning Officer, Election Of Municipal Council, Ringas-

2021, Assistant Collector, Pot Sikar, Rajasthan.

5.

District Election Officer, Sikar District Sikar (Raj.)

----Respondents

For Petitioner(s)

:

Mr. Kamlakar Sharma, senior counsel

assisted by Ms. Naina Saraf and Mr.

Pritam Singh, through V.C.

For Respondent(s)

:

Mr. Rajendra Prasad, Senior counsel

assisted by Mr. Sultan Singh Kuri,

through V.C.

Mr. K.L Janjani (AOR) Supreme Court

assisted by Mr. Sultan Singh Kuri,

through V.C.

Mr. Anil Mehta, AAG assisted by Mr.

Yashodhar Pandey, through V.C.

Mr. Subhash Sharma, through V.C.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

27/01/2022

1.

By way of this writ petition the petitioner-non applicant has

challenged the order dated 22.07.2021 passed by the learned

District Judge, Sikar whereby the application filed by the

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[CW-8363/2021]

petitioner-non-applicant under Order 7 Rule 11 read with section

151 CPC was dismissed.

2.

Brief facts of the case are that the respondents no.1 & 2-

applicants filed a joint election petition under the Rajasthan

Municipalities Act, 2009 (hereinafter to be referred as ‘Act of

2009’) challenging the election of the petitioner-non-applicant on

the post of Chairman, Municipal Board, Ringas as well as Ward

Member from Ward No.12. The Election Commission on

11.01.2021 issued a notification notifying the date for holding

election for Municipal Board, Rings as 28.01.2021 and after the

election was held, its result was declared on 31.01.2021 wherein

the respondent no.1-applicant was elected as un-opposed Ward

Member for ward No.3, the respondent No.2-applicant was elected

as Ward Member from ward No.23 and the petitioner-non-

applicant was also elected as Ward Member from ward No.12. On

01.02.2021 the necessary notice for holding the election of

Chairman was issued and the petitioner-non-applicant as well as

respondents no.1 & 2-applicants submitted their nomination for

contesting the election for Chairman. The election for Chairman

was held on 07.02.2021 and the votes were counted on the same

day and the result was also declared on the same day, in which

the petitioner-non-applicant was elected as Chairman Municipal

Board, Ringas.

3.

Thereafter, the respondents no.1 & 2-applicants filed election

petition before the learned District Judge, Sikar. During pendency

of the election petition the petitioner-non-applicant filed an

application under Order 7 Rule 11 read with section 151 CPC

which was dismissed by the learned District Judge, Sikar vide

order dated 22.07.2021. Hence, this writ petition has been filed by

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[CW-8363/2021]

the petitioner-non-applicant challenging the order dated

22.07.2021 passed by the learned District Judge, Sikar.

4.

Learned Senior Counsel appearing on behalf of the

petitioner-non-applicant submits that the learned District Judge,

Sikar has wrongly dismissed the application filed on behalf of the

petitioner-non-applicant under Order 7 Rule 11 CPC. Learned

Senior Counsel further submits that the election for Chairman &

Ward Member cannot be challenged in one joint election petition.