BALURAM MEENA Vs. KHEM CHAND MEENA &ORS

JUDGEMENT

(1.) Instant Special Appeal is directed against order of the learned Single Judge impugned dated 20.04.2017. As brought to our notice, the returned candidate-Khem Chand Meena (the present respondent No.1) indisputably filled his nomination form to contest for the post of Sarpanch, Gram Panchayat, Norangpura, Tehsil Mahuwa, District Dausa on 23.01.2015. The election was held on 24.01.2015 and Khem Chand Meena, the returned candidate, was declared as an elected Sarpanch on 24.01.2015.

(2.) It reveals that the first election petition came to be filed by the appellant on 04.02.2015 for recounting of votes alleging illegality and irregularity in the counting process which came to be registered as Election Petition No.2/2015 and second Election Petition was registered as Election Petition No.47/2015 on 21.02.2015. It is not disputed that both the election petitions were filed within the statutory period of 30 days, on the ground that returned candidate Khem Chand Meena was disqualified in view of Section 19 (gg) of the Rajasthan Panchayati Raj Act, 1994 and the first election petition was later on withdrawn on 04.05.2015.

(3.) It may be relevant to note that the issue No.1 which was framed by the Election Tribunal on the basis of material on record was with regard to non disclosure of criminal cases against the returned candidate on the date of filling of his nomination form on 23.01.2015 which disqualify him to contest election in view of Section 19 (gg) of the Act of 1994. It will be appropriate to quote Section 19(gg) of the Act, 1994:-