HADMAN SINGH, Vs. RISAL KANWAR,

JUDGEMENT

(1.) The instant writ petition has been filed challenging the order dtd. 29/1/2025 (Annex-8) passed by the learned Senior Civil Judge No.1 in CIS No. CMC (NC)/42/2020, whereby the Election Petition (Annex-1) filed by the respondent was allowed and the election of petitioner on the post of Sarpanch on 28/9/2020 was declared as void under Sec. 19(l) of Rajasthan Panchayati raj Act, 1994. The prayer made in the instant writ petition is reproduced hereunder:

(2.) Briefly stated, the facts of the case are that the respondent filed an Election Petition under Rule 80 of the Rajasthan Panchayati raj (Election) Rules, 1994 (hereinafter referred as 'the Election Rules, 1994') read with Sec. 43 of the Rajasthan Panchayati raj Act, 1994 (hereinafter referred as 'the Act') challenging the election of the petitioner. It was averred by the respondent in the Election Petition (Annex-1) that the petitioner has six children and two of them are born after the cut-off date i.e., 27/11/1995 hence, he was not qualified to contest the election of Sarpanch. The petitioner, in his reply to Election Petition, denied the averments made therein. On the basis of pleadings of both the parties the learned Trial Court framed as many as four issues which are reproduced hereunder:

(3.) The Election Petitioner, now respondent before this Court hereinafter referred as "respondent/EP", examined three witness (PW1 to PW3) and produced fifteen documentary evidences (Exhibit 1 to Exhibit 15). On the other hand, the Returning Candidate, now Petitioner before this Court hereinafter referred as "petitioner/RC" examined two witness (DW1 and DW2) and produced four documentary evidences (Exhibit A1A to Exhibit-A4A).