HARDEV Vs. CIVIL JUDGE JHUNJHUNU

JUDGEMENT

(1.) THIS is an application under Art. 226 of the Constitution by one Hardev against a decision of the Election Tribunal setting aside his election to the office of Sarpanch, Indali Panchayat and ordering fresh election, on the ground that the nomination paper of Vidyadhar respondent was wrongly rejected by the Returning Officer. The petition has been contested on behalf of Vidyadhar.

(2.) VIDYADHAR filed his nomination paper for the office of Sarpanch in form No. I appended to the Rajasthan Panchayat and Nyaya Panchayat Election Rules 1960. The form was admittedly filled up properly except for the fact that declaration No. (3) was not properly made. This declaration runs as follows: - "i do/do not belong to the scheduled caste/scheduled tribe. " VIDYADHAR drew an oblique line scoring out the whole of this declaration. This oblique line ran across the word "scheduled" of the phrase "scheduled tribe" as follows : -