MAYA DEVI Vs. SMT. DIVYA & ORS.

JUDGEMENT

(1.) In this petition purporting to be both under Article 226 & 227 of the Constitution of India a challenge has been made to the judgment dated 02.02.2016, passed by the Senior Civil Judge No.2, Alwar quashing and setting aside the election of the petitioner-returned candidate (hereinafter "the returned candidate") as Sarpanch of Gram Panchayat Malakhera, Panchayat Samiti Umren.

(2.) Necessary background facts are that the respondent No.1-election petitioner (hereinafter "the election petitioner") filed an election petition under Sec. 43 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter "the Act of 1994") and Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (hereinafter "the Rules of 1994") challenging the election of the returned candidate on the post of Sarpanch of Gram Panchayat Malakhera, Panchayat Samiti Umren, which was reserved for OBC (women) candidate. It was stated that the returned candidate as also the election petitioner amongst others, filed nomination forms to contest the said election on 31.01.2015. Form No.4(Gha) submitted by the returned candidate recording her educational qualification as Class VIII passed from Asha Public School, Meena Colony, Belaka, Alwar was fabricated and forged as she was not at all educated, what of Class VIII pass but in fact barely literate enough to write her name. It was submitted that all documents leading to the returned candidate allegedly passing Class VIII were prepared or got prepared in a criminal conspiracy with the Headmaster of Asha Public School, Meena Colony, Belaka and Society under which the said educational institute was functioning. It was stated that the election of the returned candidate as Sarpanch on the basis of 2,575 votes received in the election as against 1,999 votes received by the election petitioner was therefore vitiated and liable to be set aside and the election petitioner instead declared to be the elected Sarpanch of Gram Panchayat Malakhera, Panchayat Samiti Umren-as none other contesting the said election had polled more votes than her.

(3.) The election petition was contested by a written statement of denial by the returned candidate. It was stated that the duplicate copy of the educational qualification had been filed because the original Class VIII mark-sheet issued by the Asha Public School had been lost. It was stated that the election petition was only a consequence of the pique of a defeated candidate, without substance, wholly speculative and therefore liable to be dismissed.