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Smt. Hakri and ors. Vs. State of ors.

Smt. Hakri and ors. vs State of ors.

Disposition Petition dismissed Court Rajasthan Decided Jan 18, 2001
~1 min read
https://sooperkanoon.com/case/769525

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Citation
Court
Rajasthan High Court
Judge
Decided On
Case Number
Civil Writ Petn. No. 556 of 2000
Subject
Election
Disposition
Petition dismissed

Case Summary

AI-generated summary - not the official court judgment text.

Panchayat Act, 1996 - Election--Election of ward Panch challenged by this writ petition--Document filed by petitioner not prepared correctly--Material difference in two computation sheets Annex R-1 & Annex-1--No interference in writ jurisdiction is justified--Petitioner is at liberty to file election petition.;W...

Key legal issue
Election
Outcome / disposition
Petition dismissed
Acts & sections
Constitution of India - Article 226; Representation of the People Act, 1951 - Sections 87

Parties & Advocates

Appellant / Petitioner

Smt. Hakri and ors.

Advocate K.N. Joshi and; Dinesh Maheshwari, Advs.

Respondent

State of ors.

Advocate N.K. Rastogi and; M.R. Patel, Advs.

Legal References

Reported In
AIR2002Raj4; 2001WLC(Raj)UC301; 2001(1)WLN719

Excerpt

panchayat act, 1996 - election--election of ward panch challenged by this writ petition--document filed by petitioner not prepared correctly--material difference in two computation sheets annex r-1 & annex-1--no interference in writ jurisdiction is justified--petitioner is at liberty to file election petition.;writ petition dismissed - orderbhagwati prasad, j.1. learned counsel for the petitioners has placed reliance on computationsheet annex. 1. the respondents have filedannex. r/1 and contested that there areobvious errors in the computation sheetannex. 1. in ward no. 8, there were threecandidates. only two candidates have beenshown in annex. 1. if three candidates areentered, then position becomes clear as evident from annex. r/1. comparing two documents, defect pointed out by the learnedcounsel for the petitioner is obvious. further a look at annex. 1 shows that it hasbeen incorrectly prepared. not only the votesof the petitioner have been wrongly mentioned but age of the petitioner hakri hasbeen shown to be 466 years. obviously onthe basis of such document, no interferencecan be done in the writ jurisdiction of thiscourt. if any case or grievance remains withthe petitioners, they will be at liberty to filean election petition before the election tribunal.

Full Judgment

ORDER

Bhagwati Prasad, J.

1. Learned counsel for the petitioners has placed reliance on computationsheet Annex. 1. The respondents have filedAnnex. R/1 and contested that there areobvious errors in the computation sheetAnnex. 1. In ward No. 8, there were threecandidates. Only two candidates have beenshown in Annex. 1. If three candidates areentered, then position becomes clear as evident from Annex. R/1. Comparing two documents, defect pointed out by the learnedcounsel for the petitioner is obvious. Further a look at Annex. 1 shows that it hasbeen incorrectly prepared. Not only the votesof the petitioner have been wrongly mentioned but age of the petitioner Hakri hasbeen shown to be 466 years. Obviously onthe basis of such document, no interferencecan be done in the writ jurisdiction of thisCourt. If any case or grievance remains withthe petitioners, they will be at liberty to filean election petition before the Election Tribunal.

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