VIMLA Vs. HARBHEJI

JUDGEMENT

(1.) THE petition has been filed against the order dated 26-5-2012 passed by the District Judge Dholpur (herein after 'the Trial court') in Election Petition No.33/2012, dismissing an application filed by petitioner- returned candidate (herein after 'the returned candidate') seeking in the course of an election petition laid under Section 43 of the Rajasthan Panchayati Raj Act, 1994 read with Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994, a direction from the trial court that DNA tests of the returned candidate and two children alleged to be hers (entailing her disqualification under Section 19(l) of the 1994 Act) be held such that a proper defence in the election petition can be laid at her instance.

(2.) THE trial court in the impugned order dated 26-5-2012 held that the burden was on the election petitioner (respondent herein) to prove that the returned candidate was disqualified in terms of Section 19(l) of the Rajasthan Panchayati Raj Act, 1994. It was further held that in any event of the matter if the returned candidate required to bring any evidence on her part before the trial court as a defence to the election petition, it was for her to have the requisite DNA tests conducted and bring the same on record.