Rajasthan High Court - Jaipur
Amrit Lal S/O Janki Lal vs Surajmal S/O Laxman on 18 November, 2022
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Misc. Stay Application No.11378/2022
IN
S.B. Civil Writ Petition No. 11580/2022
Amrit Lal S/o Janki Lal, Aged About 40 Years, R/o Ghatakhedi,
Panchayat Samiti Chhbara, Tehsil Chhabara, District Baran (Raj.)
----Petitioner
Versus
1. Surajmal S/o Laxman, Aged About 54 Years, R/o
Govindpura, Panchayat Samiti Chhbara, Tehsil Chhabara,
District Baran (Raj.)
2. District Election Officer (Panchayat) And District Collector,
Baran.
----Respondents
For Petitioner(s) : Mr. Rajneesh Gupta with Mr. Rishu Jain.
Mr. Mukesh Pal Jadoun.
Mr. Sanjay Gangwar.
For Respondent(s) : Mr. Bhim Singh Meena.
HON'BLE MR. JUSTICE INDERJEET SINGH Order 18/11/2022 With the consent of both the parties matters have been heard on the stay applications.
Counsel for the petitioner submits that the finding given by the learned court below with regard to third child of the petitioner is perverse. Counsel further submits that the learned court below has wrongly relied upon the school certificate issued by the private school. Counsel further submits that the respondents have examined no person, in support of the said school certificate. (Downloaded on 25/12/2022 at 02:11:22 PM)
(2 of 3) [Stay Application-11378/2022] Counsel further submits that no other material except the school certificate has been placed on record by the respondents.
In support of the contention counsel relied upon the judgment passed by the Co-ordinate Bench of this court in the matter of Smt. (Dr) Somya Gurjar Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.15659/2022) decided on 10.11.2022.
Further relied upon the judgment passed by the Hon'ble Supreme Court in the matter of Madan Mohan Singh & Ors. Vs. Rajni Kant & Anr. reported in AIR 2010 Supreme Court 2933.
Counsel for the respondents has opposed the stay application and submitted that the process of election has already been started by the notification issued by the State Election Commission, Rajasthan on 28.10.2022, therefore, prayed for dismissal of the stay application.
Heard counsel for the parties and perused the record. The Hon'ble Supreme Court in the matter of Shaji K. Joseph Vs. V. Viswanath & Ors. reported in (2016) 4 SCC 429, wherein para No.15, it has been held as under:-
"In our opinion, the High Court was not right in interfering with the process of election especially when the process of election had started upon publication of the election program on 27th January, 2011 and more particularly when an alternative statutory remedy was available to Respondent No. 1 by way of referring the dispute to the Central Government as per the provisions of Section 5 of the Act read with Regulation 20 of the Regulations. So far as the issue with regard to eligibility of Respondent No. 1 for contesting the election is concerned, though prima facie it appears that Respondent No. 1 could contest the election, we do not propose to go into the said issue because, in our opinion, as per the settled law, the High Court should not have interfered with the election after the process of election had (Downloaded on 25/12/2022 at 02:11:22 PM) (3 of 3) [Stay Application-11378/2022] commenced. The judgments referred to hereinabove clearly show the settled position of law to the effect that whenever the process of election starts, normally courts should not interfere with the process of election for the simple reason that if the process of election is interfered with by the courts, possibly no election would be completed without court's order. Very often, for frivolous reasons candidates or others approach the courts and by virtue of interim orders passed by courts, the election is delayed or cancelled and in such a case the basic purpose of having election and getting an elected body to run the administration is frustrated. For the aforestated reasons, this Court has taken a view that all disputes with regard to election should be dealt with only after completion of the election."
The stay application filed by the petitioner deserves to be dismissed for the reasons; firstly, the election notification has already been issued by the State Election Commission for the post of Sarpanch of Gram Panchayat, Ghatakhede going to be held on 25.11.2022 and secondly, in view of the judgment passed by the Hon'ble Supreme Court in the matter of Shaji K. Joseph (supra), I am not inclined to grant the interim relief as prayed for.
In that view of the matter, this stay application is dismissed. However, the election conducted by the respondents shall remain subject to final outcome of the writ petition.
(INDERJEET SINGH),J MG/125 (Downloaded on 25/12/2022 at 02:11:22 PM) Powered by TCPDF (www.tcpdf.org)