BHARATRAJ ALIAS BHARATRAM Vs. ADDITIONAL CIVIL JUDGE

JUDGEMENT

(1.) At the request of parties, arguments were heard and appeal is being disposed off finally.

(2.) This intra Court appeal is directed against impugned order dated 7th February, 2012, passed by Single Bench, whereby writ petition, filed by the petitioner/appellant, against judgment/order dated 20th December, 2011, passed by Additional Civil Judge(Senior Division), Baran, declaring his election on the post of Sarpanch as illegal and void, has been dismissed.

(3.) Briefly stated, the facts of the case are, that election for the post of Sarpanch of Gram Panchayat Manpura, Panchayat Samiti Chippabarod, District Baran, took place on 31st January, 2010. The petitioner/appellant was declared as elected Sarpanch. Respondent No. 2, Kajod filed election petition under Section 43 of the Rajasthan Panchayati Raj Act, 1994(for short 'the Act of 1994') read with Rule 80 of the Rajasthan Panchayati Raj(Election) Rules, 1994 in the Court of District Judge, Baran, which was transferred to the Court of Civil Judge(S.D.) and Additional Chief Judicial Magistrate, Chhabra. Again election petition was transferred to the Court of Additional Civil Judge(Senior Division), Baran(for short 'the Election Tribunal'). Respondent No. 2, Kajod(Election Petitioner) in his election petition averred that appellant Bharatraj @ Bharatram(Non-Petitioner No. 1) filed his nomination form on 30th January, 2010 for the post of Sarpanch, but on the date of nomination, he was disqualified under Section 19(l) of the Act of 1994, as he was having three children and all three children were born after 27.11.1995. The said fact was concealed by Non-Petitioner No. 1, when the nomination was filled. Although, objection petition was filed, but the same was rejected by the Election Officer. Since, there was more than two children of Non-Petitioner No. 1, therefore, he was not qualified to contest election and as such, the entire election process and its declaration of result, are illegal and bad in law. He, therefore, prayed that result of election of Sarpanch of Gram Panchayat Manpura dated 31.01.2010 be declared as null and void.