HEERA SINGH Vs. JITENDRA KUMAR GURJAR

JUDGEMENT

(1.) This petition impugns the judgment dated 20-10-2016 passed by the District Judge Karauli, where under the election petition filed by the respondent-election petitioner (hereinafter the EP') challenging the election of the petitioner-returned candidate (hereinafter 'the RC') was allowed. The election of RC as Sarpanch of village Panchayat Jamura, Panchayat Samiti Karauli District Karauli has been set aside and directions were issued for an election afresh to the said post.

(2.) Election of the RC to the post of Sarpanch of village Panchayat Jamura was called in question under Section 43 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter 'the Act of 1994') read with Rule 80 of the Rajasthan Panchayat Raj (Election) Rules, 1994 (hereinafter 'the Rules of 1994') by the EP inter alia alleging that the RC had not passed class VIII and yet in violation of the statutory mandate under Section 19(t) of the Act of 1994 contested election to the post of Sarpanch on the basis of a forged transfer certificate of class VIII. On notice on the election petition, the RC inevitably filed a reply of denial asserting that he was eligible to contest the election and has passed class VIII from the Government Upper Middle School Badagaon Khedla, Tehsil Mahua District Dausa. Transfer Certificate (Ex.18) purportedly showing the RC's qualification of having passed 8th class was relied upon.

(3.) Based on the pleadings, the trial court framed three issues. Chief of which necessarily was whether the RC had not passed 8th class and hence was ineligible to contest the election to the post of Sarpanch.