SUNITA Vs. SAROJ

JUDGEMENT

(1.) Under challenge is the judgment dated 17.4.2017 passed by Sr. Civil Judge, Bharatpur in Election Petition Civil Misc. Case No. 4/2015, whereby the election petition laid by the petitioners-election petitioners (for short 'EP') against the respondent No. 1-returned candidate (for short, 'RC') has been dismissed.

(2.) Brief facts of the case are that EPs and RC contested the elections held for the post of Sarpanch, Gram Panchayat, Madarpur, District Bharatpur, the result of which were declared on 24.1.2015. In the said elections RC secured 827 votes and EPs secured 617 and 442 votes respectively. Resultantly, the RC was declared as elected Sarpanch of Gram Panchayat, Madarpur, District Bharatpur.

(3.) The EPs filed a petition against the RC under Sec. 43 of the Rajasthan Panchayati Raj Act, 1994 (hereafter, 'the Act of 1994') read with Rule 80 of the Rajasthan Panchayati Raj Election Rules, 1994 (hereafter 'the Rules of 1994') on the ground that despite the RC earlier having borne 2 children, two other children of the RC namely Shashi Kumari and Sonveer Singh were born after the cut off date i.e. 27.11.1995, and therefore, she was disqualified to contest the election to the post of Sarpanch, Gram Panchayat, Madarpur, District Bharatpur in terms of Sec. 19(l) of the Act of 1994. Further, the RC had not passed class-VIII examination and the documents pertaining to Class-X submitted by her along with her nomination form were forged, for which reason also the RC was also ineligible to contest the election in issue in terms of Sec. 19(t) of the Act of 1994.