!! 1 !! IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.1728/2009 (Sunder Lal Vs. Duda Ram) Date of order :: 06.03.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Rajesh Choudhary, for the petitioners. Heard learned counsel for the petitioner. In this case, an application has been filed by the petitioner under Section 40 (1) of the Rajasthan Municipalities Act, 1959 before the District Judge, Pali to transfer the election petition to the Additional District Judge, Bali. In my opinion, as per Section 40 (1) of the Act, only District Judge is competent authority to try the election petition, or in the event of transfer he has been given discretion by the Legislature to transfer the election petition after recording proper reasons. !! 2 !! Section 40 (1) of the Rajasthan Municipalities Act is as follows:- “(40) Who shall hear petition (1) An election petition may be presented to, and shall be heard by, the District Judge having jurisdiction over the area in which the municipal office is situated: Provided that where an election petition is presented as aforesaid to a District Judge, he may for reasons to be recorded in writing transfer the same for hearing and disposal to an Additional District Judge Sub- ordinate to him.” In this view of the matter, there is no ground for interference in this petition for transfer of election petition from the court of District Judge, Pali to the court of Additional District Judge, Bali. Hence, the writ petition is dismissed. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/- A.K. Chouhan/-