V.S. SHUKLA Vs. NATIONAL HIGHWAYS AUTHORITY

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Briefly stated the facts of the case are that election for the post of Sarpanch of Gram Panchayat, Tidoki Badi, Panchayat Samiti, Laxmangarh, District, Sikar took place on 22 nd January, 2010, wherein Smt. Ummed Kanwar was declared as elected Sarpanch. Shri Prabhu Singh secured second position in the election. Shri Prabhu Singh (hereinafter referred as election petitioner) filed an election petition under Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 read with Section 43 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred as the Act of 1994) challenging the election of Smt. Ummed Kanwar non-applicant No.1 in the court of Civil Judge (Sr. Division), Sikar.

(3.) The main ground of election petition was that Smt. Ummed Kanwar was already having two children namely Sonu Kanwar and Rekha Kanwar and she gave birth to two more children namely Navratan Singh and Krishan Singh on 5.7.1997 and 1.7.1998 respectively i.e. after cut off date i.e. 27 th November, 1995. She was having more than two children on the date of nomination. Therefore, she was disqualified under Section 19(l) of the Act of 1994 for contesting the election of Sarpanch.