BHORI DEVI Vs. SAMPAT BAI

JUDGEMENT

(1.) This intra-court appeal is directed against the order dt. 08.09.2017 passed by the ld. Single Judge in SBCWP No.1258/2017 dismissing the writ petition filed against the judgment dt. 21.12.2016 passed by the ld. District Judge, Karauli in election petition filed by the respondent-applicant Sampat Bai.

(2.) Bhori Devi @ Moti was declared returned candidate in the election of Sarpanch, Gram Panchayat Gudla, Panchayat Samiti Karauli, District Karauli held on 18.01.2015. The challenge was made to this election by Sampat Bai on the ground that Bhori Devi was not having requisite minimum educational qualification of having passed Class 8th as mandated u/S. 19(t) of the Rajasthan Panchayati Raj Act, 1994 ('the Act of 1994') and also on the ground that she was having four children, at least one of whom was born subsequent to the cut-off date i.e. 27.11.1995 and thus, was ineligible u/S. 19(l) of the Act of 1994. Ld. trial court arrived at the conclusion that the allegation of not having minimum educational qualification was not proved and Sapna was also not found to have been born to Bhori Devi, but it was established that Deepa was born on 12.06.1991 to Bhori Devi, which also rendered her ineligible u/S.19(l) of the Act of 1994.

(3.) Bhori Devi @ Moti challenged the judgment impugned dt. 21.12.2016 by way of filing writ petition, which was dismissed by the ld. Single Judge vide judgment impugned dt. 08.09.2017.