BASANTI BAI Vs. PREMWATI BAI

JUDGEMENT

(1.) The petitioner has filed this petition being aggrieved by order dated 9.6.2011 passed by the respondent no.3 Sub Divisional Officer, Gotegaon in the election petition setting aside the election of the petitioner to the post of Sarpanch of Gram Panchayat, Vedu, Tehsil Gotegaon, District Narsinghpur.

(2.) The brief facts, leading to the filing of the present petition, are that the petitioner and the respondent no.1, both contested the election for the post of Sarpanch of Gram Panchayat, Vedu, District Narsinghpur which was held in the year 2010. In accordance with the notified election programme, the date of filing nomination papers commenced from 31.12.2009 and the date for scrutiny of the nomination papers was 4.1.2010. Voting took place on 18.1.2010 and the result of the election was declared on 3.2.2010, according to which the petitioner was declared elected by 124 votes.

(3.) It is contended by the learned Senior Counsel for the petitioner that the date of birth of the petitioner was infact 9.12.1988 and she had, therefore, attained the age of 21 years on the date of scrutiny of the nomination papers which is the relevant date and not the date of preparation of the voters list as held by the election tribunal.