JASBIR SINGH Vs. JATINDER SINGH AND ANOTHER

JUDGEMENT

(1.) In view of reasons mentioned in the application, delay of 71 days in filing the appeal is condoned.

(2.) The argument set up by counsel for the appellant is that when the election was held on 03.07.2013, the age of respondent no. 1 was less than 21 years and he was competent to contest the election of the Sarpanch. It is accordingly the case of the appellant that the nomination papers had been wrongly accepted as the date of birth was 26.10.1993 and, therefore, the respondent was younger and was eligible as such and his nomination papers had wrongly been accepted.

(3.) The defence of the respondent was of denial that he had completed the age of 21 years at the time of filing of the nomination papers. The official respondent's reply was that the age of the respondent was more than 21 years as per the voter list supplied and duly signed by the Tehsildar, whereas, the categorical case of the present appellant was that the date of birth was 26.10.1993 as per the matriculation certificate. It is the case of the appellant that the correction was got done during the pendency of the election petition and the date of birth was shown as 26.10.1990 by the Punjab School Education Board, as per the duplicate certificate Ex. R-1. It is accordingly submitted that it is, thus, apparent that he was eligible as such and, therefore, the Election Tribunal was in error while dismissing the election petition.