BHANWAR KANWAR Vs. CIVIL JUDGE

JUDGEMENT

(1.) Heard learned counsel for parties.

(2.) This writ petition is filed against the order passed by the learned Election Tribunal whereby the election of the petitioner has been annulled on an election petition filed by the respondent No. 2 Smt. Chandra Kanwar. While setting aside the election, the Tribunal has also declared the respondent No. 2 Smt. Chandra Kanwar (election petitioner) to be elected.

(3.) The ground given for setting aside the election was that the nomination paper of Smt. Bhanwar Kanwar was wrongly accepted because the proposer, as required under Rule 58 (5) (e) of the Rajasthan Panchayati Raj (Election) Rules, 1994 (for short referred to "as the Rules"), should be a voter of that constituency of which the candidate seeks election, only such person should propose the name of candidate. The question which was required to be answered by the Election Tribunal was whether Mangi Lal was an elector of the Constituency of which the writ petitioner has sought election.