PREM SINGH Vs. NARENDRA SINGH & ORS

JUDGEMENT

(1.) We have heard learned counsel appearing for the appellant.

(2.) This Special Appeal arises out of the judgment of learned Single Judge dated 12.11.2014, by which he has dismissed the writ petition under Article 227 of the Constitution of India, against the judgment dated 28.3.2014 passed by Shri Satishchand Kaushik, RJS, Court of Civil Judge (Senior Division), Dholpur in Misc.Civil Case No.12/13(157/10) (Narendrasingh Vs. Prem Singh & Others), by which he had set aside the elections of Shri Prem Singh, elected as Ward Member of Ward No.1, Dholpur, in the elections, for which polling was held on 18.8.2010.

(3.) The election petition was filed on the allegations that Shri Prem Singh-the appellant was not eligible to contest the elections, as he had more than two children, on the cut-off date of 27.11.1995, when the eighth child was sired by him. The eighth child, Devesh was born on 05.10.1998. Reliance was placed by the respondent on the declaration form filed by Shri Prem Singh before the Returning Officer stating that Devesh's date of birth is 05.10.1998, and further that, the appellant had admitted in the cross-examination that 05.10.1998 was indeed the date of birth of Devesh, recorded in his school from Class I to IX, in respect of which no corrective steps were taken. The trial court did not accept the appellant's defence that Devesh was actually born on 05.10.1995, and not on 05.10.1998 i.e.after the cut-off date of 27.11.1995. The reliance on the statement of Shri Prem Singh and the horoscope was not accepted, in view of the clear admission of Shri Prem Singh.