JUDGMENT 1. This writ petition under Article 227 of the Constitution of India has been filed assailing the legality and validity of the order dated 18.01.2022 passed by learned Civil Judge, Khetri, Jhunjhunu whereby an application filed by the petitioner- defendant no. 3 seeking appointment of Commissioner in an election petition filed by the respondent no. 1 under Rajasthan Panchayatiraj Act, 1994, has been dismissed. 2. The facts in brief are that election of the petitioner as Panch, Gram Panchayat, Sultana Ahiran, Tehsil Buhana, District Jhunjhunu came to be challenged by respondent no. 1 by way of an election petition inter alia on the ground that on the day he filed nomination paper, he did not have Pukka bathroom in his house. During the course of trial, the petitioner filed an application dated 14.12.2021 seeking appointment of site Commissioner. The application has been dismissed by the learned trial Court vide its order dated 18.01.2022, impugned herein. 3. Assailing the legality and validity of the order, learned counsel for the petitioner submitted that to bring true facts before the learned trial Court, it was incumbent upon it to have allowed the application filed by him seeking appointment of Commissioner. He submitted that Commissioner's report would have verified that there was a bathroom existing in his house prior to filing the nomination paper. He, therefore, prays that the order impugned dated 18.01.2022 be quashed and his application for appointment of Commissioner be allowed. He, in support of his submission, relies upon judgments of this Court dated 04.03.2020 in S.B. Civil Writ Petition No. 3174/2020 and dated 13.05.2019 in S.B. Civil Writ Petition No. 8484/2017. 4. Per contra, learned counsel for the respondent no. 1 opposing the prayer submitted that order of the learned trial Court is based on cogent material on record which does not warrant interference of this Court under its supervisory jurisdiction. He, therefore, prays for dismissal of the writ petition. 5. Heard. Considered. 6. A perusal of the order dated 18.01.2022 passed by the learned trial Court reveals that cogent reasons have been assigned by it for rejecting the application. It has been observed that the petitioner has filed nomination paper for his election as a Panch on 23.09.2020 and hence, Commissioner cannot be appointed to bring before the Court the position obtaining on the relevant date. It has been observed that the petitioner has filed nomination paper for his election as a Panch on 23.09.2020 and hence, Commissioner cannot be appointed to bring before the Court the position obtaining on the relevant date. It has also been observed that the application could not be allowed in the light of the well established legal position that a Commissioner cannot be appointed to collect evidence for a party and it is for the respective parties to prove their averments/ allegations by leading evidence. This Court is in agreement with the reasoning assigned by the learned trial Court for dismissal of the application. 7. Even otherwise also, Learned counsel for the petitioner miserably failed to satisfy this Court as to how the Commissioner report would help in establishing that a bathroom was existing in the premises in his residential house on the day when he filed the nomination paper. 8. The judgments relied upon by the petitioners are of no help to him having been rendered in entirely different facts and circumstances. 9. In view thereof, this writ petition is devoid of merit and is dismissed accordingly.