GANGA RAM Vs. TARA RAM

JUDGEMENT

(1.) THE petitioner Gangaram was elected as Sarpanch, Gram Panchayat, Molasar on December 14, 1981. In the election for the post of Sarpanch about eight persons filed their nomination firms on December 13, 1981. The nomination form of one Shri Pemaram was rejected and rest of the nominations were accepted. The election was only contested by the petitioner Gangaram and respondent No. 1 Tararam as rest of the persons had withdrawn their nominations. Respondent No. 1 Tararam and respondent No. 2 Beerma Ram, an elector filed an election petition against the petitioner Gangaram under r. 8 of the Rajasthan Panchayat & Nyaya Panchayat Election Rules, 1960 (hereinafter referred to as 'the Rules'). Respondents No. 1 & 2 had submitted various grounds in the election petition and the relief sought was to the effect that the election of Gangaram as Sarpanch may be quashed and respondent No. 1 Tararam may be declared elected as Sarpanch of the Gram Panchayat. One of the grounds on which the election petition was filed was that the nomination form of Shri Pemaram was wrongly rejected.

(2.) THE petitioner contested the election petition and submitted that the nomination form of Pema Ram was correctly rejected. The learned Civil Judge, Bikaner framed as many as nine issues. After hearing both the parties, the learned Civil Judge, i.e. Election Tribunal accepted the election petition filed by respondent No. 1 and 2 and set aside the election of the petitioner as Sarpanch of Gram Panchayat Molasar vide his judgment dated July 27, 1983.

(3.) I have heard Mr. H.M. Parkh, learned counsel for the petitioner and Mr. M.M. Singhvi, learned counsel for respondent No. 1 (Caveator).