KAILASHI Vs. KAVITA & ANR

JUDGEMENT

(1.) Heard learned Counsel for appellant.

(2.) This intra court appeal is directed against the order dated 16th December, 2011 whereby the Single Bench admitted the writ petition filed by respondent No.1 and stayed the operation of order of the Election Tribunal dated 6th September, 2011.

(3.) The submission of the learned counsel for appellant is that the appellant as well as respondent No.1 both contested the election of Member of Panchayat Samiti from Ward No.8. The respondent was declared woman candidate. The petitioner preferred election petition on the ground that the respondent No.1 was below 21 years of age, therefore, she was disqualified. The Election Tribunal recorded a finding that the respondent No.1 was below 21 years of age and consequently set aside the result of election in favour of respondent No.1. The said order should not have been interfered with by the Single Bench in the facts and circumstances of the present case.