BHEEM SINGH Vs. ADDL CIVIL JUDGE

JUDGEMENT

(1.) This petition challenges the order dated 17-12- 2011, passed by Additional Civil Judge (Senior Division) No.1 Bharatpur (herein after 'the trial court') in Election Petition No.19/2010. The election petition was filed by the election petitioner- respondent No.2 one Rakesh Kumar (herein after 'election petitioner'), where under the election to the post of Sarpanch of Gram Panchayat Barkhera, Panchayat Samiti Bayana District Bharatpur held on 4-2-2010 in which one Bheem Singh s/o Tilfi Ram (herein after 'the petitioner') was elected Sarpanch of village Barkhera, has been set aside under Section 19(1) of the Rajasthan Panchayati Raj Act, 1994 (herein after 'the 1994 Act').

(2.) The facts of the case are that one Rakesh Kumar, the election petitioner filed a petition under section 43 of 1994 Act read with Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (herein after 'the 1994 Rules') alleging that the petitioner Bheem Singh was disqualified under Section 19(1) of 1994 Act to contest the election for the post of Sarpanch as he had four living children i.e. Sonam, Pradeep, Pushpendra (8-8-1996), and Shashi (5-7-1997), two of whom Pushpendra and Shashi were evidently born after the cut off date of 27-11-1995, and thereby the petitioner was disqualified from contesting the election for the post of Sarpanch in the year 2010 and thus his election be set aside.

(3.) On service, the petitioner filed his reply to the election petition and denied the fact of birth of his two children after the cut-off date 27-11-1995, and stated that all his children were born before the curt-off date.