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2010 DIGILAW 2122 (RAJ)

Mustan Khan v. District Election Officer (Panchayat Election) and District Collector, Ajmer

2010-12-22

M.N.BHANDARI

body2010
JUDGMENT 1. - Aggrieved by the order dated 14.102010, this writ petition has been filed. Petitioner made an application under Order 7, Rule 11 (d) of C.P.C. for dismissing election petition. 2. It is stated that respondent No.3 Kumari Monica had not attended the age of 21 years to become eligible to contest election. Since, she was ineligible, thus cannot maintain election petition. The Court below dismissed the application after holding that the issue aforesaid needs to be decided after evidence being a question of fact. 3. Learned counsel for petitioner submits that once election petitioner was not entitled to contest the election, it is not legally permissible to maintain election petition by her. Accordingly, election petition may be dismissed by accepting application so preferred by the petitioner. 4. I have considered the submissions made by learned counsel for petitioner. 5. Since, it is a question of fact as to whether election petitioner had attended the age of 21 years or not, the Court below rightly dismissed application holding that the issue aforesaid would be decided after evidence. 6. In the light of aforesaid, I do not find any merit in this writ petition, hence, the same is dismissed being devoid of merit.Petition Dismissed. *******