UMMED KANWAR Vs. PRABHU SINGH

JUDGEMENT

(1.) A challenge has been laid in this petition to the order dated 30.03.2012, passed by the Civil Judge (Sr. Div.), Sikar (hereinafter 'the trial court') in an Election Petition No.B.T. 1/2010 filed by the respondent No.1, Prabhu Singh (hereinafter 'the election petitioner'), whereby the petitioner's election to the post of Sarpanch of Gram Panchayat Tidoki Badi, Tehsil Laxmangarh, District Sikar has been set aside holding that the petitioner was ineligible to contest the election for the post of Sarpanch with reference to Section 19(l) of the Rajasthan Panchayati Raj Act, 1994 (hereinafter 'the Act of 1994'). A challenge has also been laid to the consequential direction by the trial court declaring the election petitioner (respondent No.1 herein) as elected to the post of Sarpanch of Gram Panchayat Tidoki Badi, Tehsil Laxmangarh, District Sikar.

(2.) The facts of the case are that an election petition under Section 43 of the Act of 1994 read with Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (hereinafter 'the Rules of 1994') was filed by the election petitioner, Prabhu Singh, alleging that the petitioner herein and respondent before the trial court (hereinafter the defendant) Smt. Ummed Kanwar was disqualified under Section 19(l) of the Act of 1994 from contesting the election for the post of Sarpanch of Gram Panchayat Tidoki Badi, Tehsil Laxmangarh, District Sikar held on 22.01.2010 in view of the fact that she had mothered two children, aside of the two children earlier born to her, subsequent to cut-off date 27.11.1995. Setting out the material particulars of the defendant's disqualification it was stated that apart from Sonu Kanwar @ Bhanwari born on 01.07.1993 and Rekha Kanwar born on 01.05.1995, subsequent to the cut-off date 27.11.1995 Navratan Singh on 05.07.1997 and Krishna Singh on 01.07.1998 were born to the defendant.

(3.) On service of the election petition, the defendant in the election petition filed a reply and even while admitting that she had mothered four children out of her wedlock with Bhawani Singh submitted that Sonu Kanwar @ Bhanwari was born on 07.03.1990, Rekha Kanwar on 15.06.1991, Navratan Singh on 25.10.1992 and Krishna Singh on 10.03.1994 and owing to the fact that all the aforesaid children were born prior to the cut-off date 27.11.1995, she was not disqualified to contest the election for the post of Sarpanch under the Act of 1994.