SMT. DROPADI MEENA W/O SHRI BHARAT SINGH AGED ABOUT 36 YEARS, R/O KHEDLA GADALI, WARD NO.4, TEHSIL/ PANCHAYAT SAMITI MAHUWA, DISTRICT DAUSA RAJASTHAN Vs. SMT. VANDANA MEENA W/O SHRI RAJENDRA MEENA, AGED ABOUT 36 YEARS, BY CASTE MEENA, RESIDENT OF KHEDLA GADALI, WARD NO.4 TEHSIL/ PANCHAYAT SAMITI MAHUWA, DISTRICT DAUSA RAJASTHAN.

JUDGEMENT

(1.) Under challenge is the judgment dated 28-1-2017 passed by the Senior Civil Judge Mahuwa District Dausa, whereby the election petition filed by the respondent-election petitioner (hereinafter the EP') has been allowed and the election of the petitioner-returned candidate (hereinafter 'the RC') to the post of Sarpanch of village Panchayat Khedla Gadali, Panchayat Samiti Mahuwa District Dausa has been set aside.

(2.) Election to the post of Sarpanch of village Panchayat Khedla Gadali, Panchayat Samiti Mahuwa District Dausa were held on 24- 1-2015. The EP contested the election and lost while the RC won it. The EP challenged the RC's election on two grounds i.e. (i) she had given birth to a third child after 27-11-1995, the cut off date under Section 19(l) of the Rajasthan Panchayati Raj Act, 1994 (hereinafter 'the Act of 1994'), which disqualified her to contest election to the post of Sarpanch, and (ii) that the RC did not have the requisite qualification of class VIII passed, and hence was also ineligible to contest the election in issue. It was submitted that the RC suppressed the aforesaid two aspects of her ineligibility on fabricated documents and got elected. Hence her election to the post of Sarpanch of village Panchayat Khedla Gadali, Panchayat Samiti Mahuwa District Dausa be set aside.

(3.) On notice on the election petition being received, the RC filed a reply of denial. Her case was that albeit she indeed had three children, two of them Lav Kumar and Kush Kumar were twins born on 14-1-2003 and in terms of the Explanation I to Section 19(l) of the Act of 1994 she was not ineligible as the twins had to be reckoned as single delivery. The RC also claimed to have passed the 8th class from the Jagdish Prasad Junior High School Pipalkheda Kheragarh Agra. It was submitted that the election petition had thus been filed out of pique by the EP having lost the election inasmuch as at the time of the RC filing the nomination papers no such objections to her candidature were taken before the Returning Officer.