GHANSHYAM Vs. KAJODMAL

JUDGEMENT

(1.) Under challenge is the impugned judgment dated 20.02.2017 passed by the Senior Civil Judge, (Election Tribunal) Rajgarh, District Alwar (hereinafter 'the Election Tribunal') allowing the election petition filed by the respondent-election petitioner (hereinafter 'the election petitioner') against the election of the petitioner-returned candidate (hereinafter 'the returned candidate') and setting aside his election as the Sarpanch of Gram Panchayat Purana Rajgarh, Tehsil Rajgarh, District Alwar for reason of his being disqualified to contest on the ground of having fathered a third child variously named Gudiya, Chandani and Chinu on 06.07.1996 subsequent to the cut off date of 27.11.1995 set out under proviso (iv) of Section 19 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter 'the Act of 1994') read with Clause (e) thereof.

(2.) Heard the counsel for the parties.

(3.) Before addressing the petition on merits it would be appropriate to consider an application under Order 41, Rule 27 read with Section 151 CPC filed on behalf of the returned candidate seeking to have three documents taken on record, the more important of which are, one the purported photocopy of the births and deaths register of the Gram Panchayat Purana Rajgarh and the other alleged birth certificate dated 05.08.1995 both seemingly indicating that the third child of the petitioner was in fact born on 07.03.1994 prior to the cut off date of 27.11.1995 rendering the returned candidate eligible to contest the election to the post of Sarpanch.