NANDA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Contitution of India, to assail the election of respondent no.6 Lalu Ram Yadav, as Sarpanch to the Gram Panchayat Mundoti, Tehsil Kishangarh Renwal, District Jaipur.

(2.) The learned counsel for the petitioner has submitted that the respondent no.6, Lalu Ram Yadav filed the nomination form for election to the post of Sarpanch for the above said Gram Panchayat. The learned counsel for the petitioner contended that the respondent no.6 submitted forged and fabricated certificates regarding his educational qualification to become eligible to contest the election. The learned counsel for the petitioner has submitted that the petitioner lodged an FIR (Annexure-9) stating therein that the educational documents/testimonials relied by the respondent no.6 to become eligible for the office of Sarpanch are forged and fabricated documents. The learned counsel for the petitioner has submitted that in pursuance of above said FIR, charge-sheet has been submitted and the court has taken the cognizance.

(3.) Section 38 of the Rajasthan Panchayati Raj Act, 1994 reads as under:-