SAJNA DEVI Vs. ARCHANA DEVI &ORS;

JUDGEMENT

(1.) Under challenge is the impugned judgment dated 17-11- 2016 passed by Senior Civil Judge Behrod, District Alwar allowing the election petition No.1/2015 filed by the election petitioner (hereinafter 'the EP') against the returned candidate (hereinafter 'the RC') setting aside her election as Sarpanch of Gram Panchayat Bhagwadi Khurd, Tehsil Behrod, District Alwar and declaring the EP Archana Devi elected as Sarpanch of the Gram Panchayat in issue.

(2.) Election to the post of Sarpanch of village Bhagwadi Khurd, Tehsil Behrod, District was held on 1-2-2015 in which three candidates contested. The EP and another lost, while the RC won. The EP challenged the RC's election on the ground that she was statutorily ineligible to contest as she had given birth to three children Sudha @ Monika, Pappu @ Saurabh and Pappu @ Ashish @ Sushant all after 27-11-1995, the cut off date under Section 19(l) of the Rajasthan Panchayati Raj Act, 1994 (hereinafter 'the Act of 1994'). That disqualified her to contest the election to the post of Sarpanch. Yet she contested and won but could be allowed to continue. It was alleged that the RC even while admitting to be mother of three children had wrongly claimed that two of her children Saurabh and Ashish had been born twins on 18-3-2003, and hence she was eligible to contest the election in issue. It was prayed that RC's election on this score be set aside and for reason of having secured the next higher number of votes at the election, the EP be declared to have been elected as Sarpanch.

(3.) On notice on the election petition, the RC filed a reply of denial. Her case was that her children Ashish and Saurabh were born as twins on 18-3-2003 and in terms of the Explanation I to Section 19(l) of the Act of 1994 she was thus not ineligible for the reason that the twins had to be reckoned as single delivery.