HANUMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN challenge is the judgment and order dated 03.10.2013, passed in S.B. Civil Writ Petition No. 7582/2013, rejecting the appellant/writ -petitioner's impeachment of the election of the respondent No. 6 herein to the Office of Sarpanch, Gram Panchayat Deendwada, Panchayat Samiti Kishangarh, Tehsil Kishangarh, District Ajmer by virtue of his pre -election disqualification as per Section 19(1) of the Rajasthan Panchayati Raj Act, 1994 (for short, hereafter referred to as 'the Act') on the ground of want of his locus standi.

(2.) WE have heard Mr. Ashish Saksena, the learned counsel for the appellant/writ -petitioner and Mr. C.S. Sharma, the learned counsel for the respondents. Avoiding inessential details, the relevant facts are that as claimed by the appellant/writ -petitioner, he is a registered electoral voter of Gram Panchayat Deendwada, Ward No. 2. The election to the post of Sarpanch of Gram Panchayat Deendwada, Panchayat Samiti Kishangarh, District Ajmer was held on 04.02.2010, in connection with which the respondent No. 6 had filed his nomination declaring therein the required particulars of his children as hereunder: - <FRM>JUDGEMENT_568_TLRAJ0_2014.htm</FRM>

(3.) ACCORDING to the appellant/writ -petitioner, the respondent No. 6 concealed the fact that as on 03.02.2010, the date of filing of his nomination, he had a third child, a son born on 06.02.2009 and thus, as he had more than two children born after 27.11.1995, he was disqualified under Section 19(1) of the Act to contest for the post involved. In the election, the respondent No. 6 was elected to the office, above referred to.