SUMAN RANI Vs. URMILA

JUDGEMENT

(1.) The present revision petition has been preferred against the order dtd. 9/5/2022 passed by Senior Civil Judge, Sangaria in Election Petition No. 3/2021 whereby the application under Order VII Rule 11, CPC as preferred by the defendant has been rejected.

(2.) The facts of the case are that an election petition was preferred by the plaintiff with an averment that the defendant who was the elected candidate, obtained a forged caste certificate wherein she had been specified to be of Scheduled Castes (SC) category whereas she does not belong to the said category. It was further averred that the post of Sarpanch for Gram Panchayat, Ratanpura was reserved for a female of scheduled caste category and as the defendant did not belong to the said category, she could not have contested the election. A prayer for cancellation of the result being illegal and further for declaration of the plaintiff as Sarpanch had been prayed for.

(3.) In the said petition, an application under Order VII Rule 11, CPC was preferred by the defendant with the following averments: