SMT. SANTOSH Vs. SMT. MALTI DEVI

JUDGEMENT

(1.) Under challenge is the impugned judgment dated 21-12- 2016 passed by Senior Civil Judge Nadbai, District Bharatpur which allowed the election petition filed by the election petitioner (hereinafter 'the EP') against the returned candidate (hereinafter 'the RC') setting aside her election as Sarpanch of Gram Panchayat Raisees, Panchayat Samiti Nadbai, District Bharatpur held on 24-1- 2015.

(2.) The EP filed an election petition against the RC alleging that the RC despite her ineligibility to contest the election to the post of Sarpanch for reason of her not having the requisite minimum educational qualification of class VIII pass from a recognized school mandated under Section 19(t) of the Rajasthan Panchayati Raj Act, 1994 (hereinafter 'the Act of 1994') did so on a false and fabricated mark-sheet and Transfer Certificate (TC) from the Om Adarsh Vidhya Mandir Dhingariya Bheem (Dausa) (hereafter 'the school') despite the RC being resident of village Dudheri where a Government school upto class VIII was available. It was submitted that the school was an institution only on papers and was never actually run. And despite objection in this regard before the Returning Officer, it was not properly considered and rejected. It was prayed that RC's election be set aside.

(3.) The RC filed reply of denial and claimed that she was indeed class VIII pass from the school in issue. Her further defence was that she born on 30-11-1974 in village Dudheri (Kathumar) where she studied till class V at the Government Primary School upto 16-7- 1987. As the said school was only upto primary classes, following her marriage in 1993 she studied at the Om Adarsh Vidhya Mandir Dhingariya Bheem (Dausa) from class VI through VIII beginning 1994-95 when she admitted to class VI (at 20 years of age) till 1996-97 during which period she also bore her first child in the year 1995. The maintainability of the election petition was challenged for alleged non impleadment of necessary parties in the election petition and it was prayed that the election petition be dismissed with costs of Rs.50,000/-.