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2003 DIGILAW 1134 (RAJ)

Nand Ram v. Distt. Election Officer

2003-08-08

SHASHI KANT SHARMA, Y.R.MEENA

body2003
JUDGMENT 1. 1. Learned counsel for the appellants submits that the names of the appellants were deleted from the electoral list and they came to know about it on or about 28th December, 1999. Thereafter, they filed the appeal before the Collector under Rule 21 of the Rajasthan Panchayati Raj (Election) Rules, 1994. That has not been decided by the Collector. 2. The petition has been dismissed on the ground that the remedy of appeal has been provided under the Rules, the writ petition is not maintainable. 3. Considering the submissions and the fact that the alternative remedy of appeal provided under Rule 21 of the Rajasthan Panchayati Raj to (Election) Rules, 1994 is available, we see no reason to interfere in the Impugned order. 4. Mr. Tholia submits that the appeal has already been submitted, but the same has not been decided by the Collector. 5. We direct the Collector to decide the appeal of the appellants within two months. Liberty is also given to the appellants that if the concerned appeal is not traceable, then the appellants shall file a copy of that appeal before the Collector and the Collector shall decide the same within a period of two months from the date of receipt of a copy of the appeal. 6. The appeal stands disposed of with the above directions.Appeal Disposed of as above. *******