Allowed

Abhay Singh v. Stat E and Ors.

Rajasthan HC15 Apr 2015SAW/1687/2014

Case brief

AI extract

What is this about?

This appeal was allowed, setting aside the impugned order dated 20.11.2014 that clarified the scope of earlier election directions. The High Court held that the single judge failed to provide a hearing to an affected respondent-member before deciding the clarification, which substantially altered rights regarding the election process for the entire Gramdani Committee versus just the Chairman.

What did the court decide?

The order dated 20.11.2014 is set aside and the matter remanded to the learned Single Bench for fresh disposal.

Abhay Singh Vs Stat E and Ors. — Pension and Retirement Benefits | Rajasthan HC (2015)

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D.B. CIVIL SPECIAL APPEAL (W) NO.1687/2014

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Abhay Singh

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Vs.

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State of Rajasthan & Ors.

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DATE OF ORDER : 15.4.2015

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HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MISS JUSTICE JAISHREE THAKUR

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Mr. SS Rathore, for the petitioner Mr. Nikhil Dungawat, for the respondents Dr. PS Bhati, Addl. Advocate General assisted by Mr. Mohit Bhatnagar, for the respondent-State

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By the order dated 14.10.2014, learned Single Bench while disposing of S.B. Civil Writ Petition No.12473/2013 directed the respondents- Rajasthan Gramdan Board and the Director, Rajasthan Gramdan Board to conduct election of Gramdani Village Bhairwa, Tehsil and District Jaisalmer as expeditiously as possible, preferably within a period of two months from the date of production of certified copy of the order.

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It is stated that after disposal of the writ petition, the respondents aforesaid initiated a process of elections for Gramdani village Bhairwa but in the meanwhile the petitioner without serving a copy of the application, preferred an application in S.B. Civil Writ Petition No.12473/2013 seeking clarification of the order dated 14.10.2014. The application aforesaid came to be disposed of by the order impugned dated 20.11.2014 clarifying that the respondents may go ahead with the election of the Chairman of Gramdani, Village Bhairwa, Tehsil and District Jaisalmer in terms of the stand taken by them in reply.

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According to learned counsel after disposal of the misc. application, the respondents are confining the election for the post of President, though, the elections of the Committee are due since 2003, and those were to be conducted.

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Shri Nikhil Dungawat, learned counsel for the respondentpetitioner on asking submits that copy of the application seeking clarification was not served upon the appellant-respondent by the petitioner.

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We are of the considered opinion that the clarification made by the Court effect rights of the appellant-respondent Shri Abhay Singh, who is a Member of the Gramdani Committee, Village Bhairwa and desirous to have elections of the entire Committee. Under the order dated 14.10.2014 the directions given were for holding elections of Gramdani Village Bhairwa and, as such, confining that to the elections of the Chairman of the Gramdani village is an issue substantial that would have been contested by the affected respondent. The application, as such, could have not been decided without providing him an opportunity of hearing.

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Accordingly, the appeal is allowed. The order dated 20.11.2014 passed by the learned Single Judge in S.B. Civil Misc. Application No.190/2014 is set aside. The matter is remanded to the learned Single Bench for disposal of the application afresh.

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[JAISHREE THAKUR], J. [GOVIND MATHUR], J.

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Sanjay

Abhay Singh v. Stat E and Ors.

Case brief

What is this about?

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Abhay Singh v. Stat E and Ors.

Case brief

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