SANJAY SINGH Vs. MUKESH SINGH CHOUHAN AND OTHERS

JUDGEMENT

(1.) This petition has been filed against the judgment dated 26-10-2016 passed by the Senior Civil Judge Laxmangarh, District Alwar (Election Tribunal), whereunder the election petition (38/2015) filed by the respondent-election petitioner (hereinafter "the EP") challenging the election of the petitioner-returned candidate (hereinafter "the RC") was allowed. The election of the RC as Sarpanch of village Panchayat Tasai, Panchayat Samiti Kathumar, District Alwar was set aside.

(2.) Election of the RC to the post of Sarpanch of village Panchayat Tasai, Panchayat Samiti Kathumar, District Alwar was called in question under Section 43 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter "the Act of 1994") read with Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (hereinafter "the Rules of 1994") by the EP inter alia alleging that the RC had sired a third child on 21-10-2007 after the cut-off date of 27-11-1995 rendering him ineligible to contest the election to the post of Sarpanch held in January, 2015 under Section 19(l) of the Act of 1994. It was submitted that the RC had only disclosed two children, Aman born on 7-4-2004 and Abhay born on 15-4-2006, in his nomination form. The fact of the third child was suppressed by him to circumvent ineligibility. The RC's educational qualification to contest the election was also questioned. It was prayed that the election of the RC be set aside and the EP with the second highest number of votes at the election be declared elected as Sarpanch.

(3.) On notice on the election petition, the RC filed a reply of denial and asserted that he was not disqualified as alleged. It was alleged that the certificate with regard to third child being born to him on 21-10-2007 relied upon by the EP was fraudulently procured with the desire of undoing his election. It was asserted that RC had the requisite educational qualification of class VIII pass to contest the election on the post of Sarpanch.