Disposed

Onkarram v. Election Tribunal Cum Senior Civil Judge

Rajasthan HC10 Sept 2018SAW/1440/2018

Case brief

AI extract

What is this about?

The High Court, Jodhpur made an interim order absolute in a special appeal, granting the appellant liberty to file a written statement in an election petition after respondents accepted a cost deposit and failed to appear.

What did the court decide?

Interim order made absolute; special appeal disposed of; liberty granted to file written statement in election petition.

Onkarram Vs Election Tribunal Cum Senior Civil Judge — Election Law | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 1440/2018

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Onkarram S/o Harchand Ram, Aged About 61 Years, B/c Ood (Beldar), R/o Village- Harchand Ram Ki Khani, Tehsil And District Jaisalmer.

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----Appellant

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Versus

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Election Tribunal Cum Senior Civil Judge, Jaisalmer.

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Deena Ram S/o Babu Ram, By Caste Darji, R/o Village Khinwsar, Tehsil And District Jaisalmer.

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District Electoral Officer (Panchayati Raj Election), Collector Officer, Jaisalmer (Raj.).

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Returning Officer, Panchayat Election, Village Khinwsar, District Jaisalmer.

¶10

Principle, Govt. Higher Secondary School, Ramgarh, District Jaisalmer.

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----Respondents

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For Appellant(s) : For Respondent(s) :

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: Mr. Hemant Kumar Ballani

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HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE DINESH MEHTA

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Judgment / Order

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10/09/2018

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This intra-court appeal is directed against the order dated 8.8.2018 passed by the learned Single Judge of this Court whereby writ petition preferred by the petitioner aggrieved by the order dated 17.7.2018 passed by the Senior Civil Judge, Jaisalmer closing his right to file written statement in election petition No.11/2015 has been dismissed.

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(2 of 2)

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[SAW-1440/2018]

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On 27.8.2018 while issuing notices to the respondents, this

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Court passed an interim order in favour of the appellant in following terms:

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“The petitioner shall deposit Rs.1 lac cost by tomorrow (being the date of hearing) before the Election Tribunal. In case the respondent accepts the cost, the further proceedings shall continue with liberty to the petitioner to file written statement which shall be filed within two days of the acceptance of the said cost by the respondent. In case, the respondent does not accept the said cost and wants to contest the present appeal, he shall file his written statement in the present appeal on or before the next date of hearing.

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It is clarified that if the said cost is not accepted, the further proceedings shall remain stayed till the next date of hearing.”

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Learned counsel appearing for the appellant submits that pursuant to the interim order passed by this Court, an amount of Rs.1 lac offered by the appellant before the Court has been accepted by the respondents and the written statement filed on behalf of the appellant has already been taken on record.

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Despite service, nobody has put-in appearance on behalf of the respondents.

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In this view of the matter, the interim order dated 27.8.2018 passed by this Court is made absolute.

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The Special appeal stands disposed of accordingly.

¶28

(DINESH MEHTA),J

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(SANGEET LODHA),J

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cpgoyal/21

Onkarram v. Election Tribunal Cum Senior Civil Judge

Case brief

What is this about?

What did the court decide?

Onkarram v. Election Tribunal Cum Senior Civil Judge

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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