DEVI LAL MEENA Vs. CIVIL JUDGE

JUDGEMENT

(1.) THIS writ petition is directed against order dt. 03.10.2013 passed by the Civil Judge (Senior Division), Salumber, whereby an election petition preferred by the respondent No. 2 -Arnrit Lal Meena under Sec. 43 of the Rajasthan Panchayati Raj Act, 1994 ('the Act'), questioning the election of the petitioner herein, as Sarpanch of Gram Panchayat Sallada, stands allowed and consequently, his election as Sarpanch, Gram Panchayat Sallada, has been declared illegal and void. Bereft of unnecessary details, succinctly stated the facts are that the election to the post of Gram Panchayat Sallada was held on 04.02.2010. The petitioner and the respondents No. 2 to 8 contested the election. The petitioner filed his nomination papers in form IV alongwith form IV D, as prescribed by Rule 25 of the Rajasthan Panchayati Raj (Election) Rules, 1994 ('the Rules' hereinafter). In column No. 3(a) of form IV D, the petitioner made a declaration that as on 27.04.1994, he was not having any child. In column 3(b), the petitioner declared that he has no children born between 27.04.1994 to 27.11.1995. However, in column 3 (b), the petitioner declared that he has two children born after 27.11.1995, namely Naresh Meena and Dilip Meena born on 13.06.2002 & 11.10.2007 respectively. The nomination forms were scrutinized by the Election Officer and the election was held on 04.02.2010. The result of the election was declared wherein the petitioner was declared elected as Sarpanch.

(2.) THE respondent No. 2 preferred an election petition under Sec. 43 of the Act read with Rule 80 of the Rules on the ground that the petitioner was having three children born after the cut off date i.e. 27.11.1995 and therefore, by virtue of provisions of Section 19(1) of the Act, he was disqualified to contest the election. In the election petition, the respondent No. 2 averred that in the nomination form filed, the petitioner has disclosed the names of his two children born on 13.06.2002 & 11.10.2007 respectively, whereas he is having third child born after 27.11.1995, namely, Madan Meena, who is 4 -5 years of age. It was stated that an objection was raised before the Returning Officer, however, the same was not entertained and while extending favour to the petitioner his nomination form was accepted.

(3.) ON the basis of the pleadings of the parties, the Election Tribunal framed the issues and the parties led their evidence. After due consideration of evidence on record, the Election Tribunal arrived at the finding that the petitioner has three children born after 27.11.1995 and therefore, he was disqualified to contest the election. Accordingly, by the order impugned, the election of the petitioner as Sarpanch, Gram Panchayat Sallada, has been declared illegal and void. Hence, this petition.