NARAIN SINGH Vs. MUNSIF AND JUDICIAL MAGISTRATE BUNDI

JUDGEMENT

(1.) In this writ petition, the petitioner whose election was set aside by the election tribunal, has challenged the judgment of the Election Tribunal. The short point in dispute in the election petition before the Tribunal was about the age of the petitioner. The petitioner was elected as Panch of the Gram Panchayat for Ward No. 7 of Anthera on 10th December, 1981.

(2.) Ghanshyam, the respondent filed an election petition mentioning that the petitioner Narainsingh was born on 6th June, 1962 and, therefore, he was not 25 years of age at the time of acceptance of the nomination papers.

(3.) The Tribunal on a proper appreciation of evidence including the statement of Ghanshyam (PW 2), the electoral rolls of the Panchayat Ex. 2 containing an entry that Narainsingh was of 23 years of age, the statement of P. W. 1, Babulal, Head Master, Government Higher Secondary School, Talera who proved the date of birth of Narainsingh as recorded in school Register, as 6th June, 1962; came to the conclusion that allegation of the election petitioner was correct and on account of that, Narainsingh was not qualified to contest the election of Panch, as he was below 25 years of age.