VIMLA Vs. HARBHEJI

JUDGEMENT

(1.) Heard the learned counsel for appellant.

(2.) This intra-Court appeal is directed against the order of Single Bench dated 06.08.2012, whereby S.B. Civil Writ Petition No.11382/2012, filed by petitioner-appellant, has been dismissed.

(3.) Briefly stated, the facts of the appeal, are that election of Gram Panchayat Domai, Panchayat Samiti Basedi, District Dholpur took place on 22.01.2010, wherein petitioner Smt. Vimla was declared as elected 'Sarpanch'. Respondent Smt. Harbheji filed an Election Petition under Rule 80 of the Rajasthan Panchayati Raj(Election) Rules, 1994, in the Court of District Judge, Dholpur(Election Tribunal) on the ground that non-petitioner Vimla was disqualified on the date of nomination as well as date of election as she was having three children, who were born after 27.11.1995. It was, therefore, prayed that election of Sarpanch, Village Panchayat be cancelled and petitioner Smt. Harbheji may be declared as elected 'Sarpanch'. The Election Petition was contested by non-petitioner Vimla by filing written reply to the effect that she is having only one child. So far as remaining two children, namely Rakesh @ Rahul and Yogesh @ Guddu are concerned, they belong to her husband's second wife and were not born from the wedlock of non-petitioner and her husband. It was, therefore, prayed that Election Petition may be dismissed.