HATHI SINGH Vs. BHERARAM

JUDGEMENT

(1.) The jurisdiction of this Court under Article 226/227 of the Constitution of India has been invoked by the petitioner, for the purpose of challenging the order dtd. 27/7/2021, passed by the learned Senior Civil Judge, Jodhpur District Jodhpur (hereinfater referred to as 'the Election Tribunal' or 'the Tribunal').

(2.) Before adverting to the legal issues involved, it would be apt to run through the factual canvas of the case.

(3.) The respondent-election petitioner filed an election petition under Sec. 43 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act of 1994') read with Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (hereinafter referred to as 'the Rules of 1994'). It was inter alia averred in the election petition that petitioner-returned candidate and the respondent-election petitioner had submitted their nomination forms for the post of Sarpanch, Gram Panchayat Belwa Khatriya. Apart from the petitioner and respondent, various other persons had submitted their nomination forms, out of which some withdrew their nomination forms whereas forms of some of them were rejected. Resultantly only two candidates, the petitioner and the respondent, remained in the contest for the post of Sarpanch.