(1.) Both these petitions are interconnected as the two challenge the impugned judgment dated 17-1-2017 passed by the Senior Civil Judge Sambharlake, District Jaipur, on different aspects to the extent the petitioners are aggrieved thereof. They are therefore being decided by a common judgment.
(2.) Facts of the case are that one Chittar Singh, the election petitioner (hereinafter 'the EP') challenged the election of one Mayank Jain, Sarpanch of village Panchayat Murlipura, Panchayat Samiti Sambharlake, District Jaipur on the ground that his own (EP's) nomination form was improperly/ wrongly rejected. It was prayed that consequently the election of Mayank Jain, the Returned Candidate (hereinafter 'the RC') be set aside and elections to the post of Sarpanch of Gram Panchayat Murlipura be held afresh in which he be allowed to contest. Reply of denial to the election petition being filed, issues were framed as under:-
(3.) The EP produced three witnesses including himself and relied on nine documents. The RC examined himself.