LALITA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has been filed against the order dtd. 22/8/2022, whereby the election petition preferred by the respondent No.2 Smt. Lalita W/o Shri Dinesh has been allowed and consequently, the election of the petitioner Smt. Lalita W/o Shri Parsing on the post of Sarpanch has been quashed and set aside.

(2.) Brief facts giving rise to the writ petition are that the petitioner had contested the election for Sarpanch and Ward Panch of Gram Panchayat Lohariya Bada, Panchayat Samiti Kushalgarh in the year 2020. After the election, the petitioner was declared elected as a Sarpanch of the Gram Panchayat.

(3.) The respondent No.2 Smt. Lalita W/o Shri Dinesh preferred an election petition before the District Judge, Banswara. The same was transferred to the Senior Civil Judge, Banswara for adjudication. The main contention of the respondent No.2 was that the petitioner had given birth to the first child in the year 1989, the second child on 1/6/1994 and the third child on 1/7/1998, thereafter, the petitioner had given birth to the twins on 3/2/2001. The contention raised was that since the petitioner has given birth to the third, fourth and fifth child after the cut off date i.e. 23/4/1994 to 27/11/1995, she is disqualified for the post of Sarpanch. The Election Tribunal after framing of the issues and adjudicating the same, has allowed the election petition. The election of the petitioner has been quashed on the post of Sarpanch. Aggrieved of the order dtd. 22/8/2022, the petitioner has assailed the validity of this order before this Court by way of filing the present writ petition.