Baga Ram v. Indra Ram
Case brief
What is this about?
Writ Petition challenging the assignment of an election petition to the Chief Judicial Magistrate rather than the Civil Judge (Senior Division). Court directed to read the order as assigning to Additional Civil Judge (Senior Division) cum Chief Judicial Magistrate.
What did the court decide?
The impugned order dated 03.08.2022 was modified to insert 'Additional Civil Judge Senior Division cum' before 'Chief Judicial Magistrate'. The writ petition and pending applications were disposed of.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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[2023:RJ-JD:38617]
[CW-4358/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 4358/2023
Baga Ram S/o Bala Ram, Aged About 64 Years, Resident Of Village Kataria Khileriyan, Panchayat Samiti And Tehsil Dhorimana, District Barmer.
----Petitioner
Versus
- Indra Ram S/o Jawara Ram, Resident Of Village Kataria Khileriyan, Panchayat Samiti And Tehsil Dhorimana, District Barmer.
- District Election Officer, (Panchayat) Barmer. 3. Returning Officer, Gram Panchayat KatarlaKhileriyan, Through District Election Branch (Panchayat) Barmer.
----Respondents
For Petitioner(s) : Mr. R.J. Punia For Respondent(s) :
Issues for consideration
2 issues framed by the court
Whether the order assigning the election petition should be read to reflect the Chief Judicial Magistrate's capacity as Additional Civil Judge Senior Division per statutory requirement.
How to modify the impugned order of the District Judge regarding the assignment of jurisdiction to ensure compliance with statutory provisions.
Parties & counsel
- petitioner
Baga Ram
- respondent
Indra Ram
- respondent
District Election Officer, Barmer
- respondent
Returning Officer, Gram Panchayat KatarlaKhileriyan
Coram
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · November
- Registered
- Case no.
- CW/4358/2023
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