HARI NARAIN Vs. SITA RAM

JUDGEMENT

(1.) A challenge has been made to the order dated 31-7-2009 passed by the learned Civil Judge (Senior Division) Dausa (herein after 'the Tribunal') dismissing the petitioner's (herein after 'the Election Petitioner') election petition filed against respondent No.1 Sita Ram (herein after 'the returned candidate') under Section 43 of the Rajasthan Panchayati Raj Act, 1994 (herein after 'the 1994 Act') read with Rule 80 of the Rajasthan Panchayati Raj Election Rules, 1996 (herein after 'the 1996 Rules').

(2.) THE facts of the case are that election for the post of Sarpanch of Village Panchayat Kundal, Tehsil Dausa were held on 31-1-2005. The petitioner was a contestant for the said post, but lost the election to the respondent No.1, the returned candidate. This led to an election petition under Section 43 of the 1994 Act challenging the election of the returned candidate for the post of Sarpanch under Section 19(l) of the 1994 Act on the ground that the returned candidate was ineligible to contest the election having fathered his fourth child after the cut off date 27-11-1995 in spite of other living children prior thereto. In response to notices of the election petition served on returned candidate, he filed his written statement. On the basis of pleadings the learned Tribunal framed the following issues:-

(3.) IN support of his case that the returned candidate had fathered the fourth child subsequent to cut off date 27-11-1995 and was thus ineligible to contest for the post of Sarpanch with reference to Section 19(l) of the 1994 Act, the Election petitioner relied upon several witnesses and several documents which were exhibited.