KAILASH CHAND SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this petition for a writ of quowarranto the right of the respondent no. 5 - Returned Candidate (hereafter 'RC') to hold the post of Sarpanch of Gram Panchayat, Tala, Tehsil Jamva Ramgarh, District Jaipur despite his election on the said post has been challenged on the ground that he was and is statutorily ineligible to hold the said post. Appropriate directions to restrain him from so functioning has been sought.

(2.) The facts of the case are that on 1.2.2015, election was held for the post of Sarpanch of Gram Panchayat Tala, Tehsil Jamva Ramgarh, District Jaipur. Eight candidates including the petitioner and respondent no.5 contested. The respondent no.5 was elected.

(3.) The petitioner contends that two of the seven children of the RC were born after the cut off date of 27.11.1995 which fact was wrongly suppressed in the nomination form and instead their birth fraudulently shown prior to the cut off date of 27.11.1995 with the intent to circumvent the RC's statutorily ineligibility under Section Section 19(l) of the Rajasthan Panchayati Raj Act, 1994 (hereafter 'the Act of 1994') read with the proviso thereto.