HIGH COURT OF RAJASTHAN (FROM: JAIPUR)
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K.S.Sidhu, J. -
(1.)The petitioner, Jagdish, was declared elected as Sarpanch of Village Panchayat Gram Nimodia in the general election held on Dec. 14. 1981. He secured 538 votes against his nearest rival Hari Narain (respondent 1) who polled 531 votes. Other candidates, namely, Kalyan, Nanag, Babulal and Bajrang Lal, polled 15,19,15 and 27 votes respectively. Hari Narain challenged the petitioner's election by presenting a petition to the Munsif (respondent 2). The petitioner who was impleaded as the main respondent in that election petition contested the same. The Munsif framed issues and recorded the evidence of the parties. Two of the issues which were decided in favour of Hari Narain and against the elected candidate (petitioner herein) read as follows:
(1) Whether the voters list of Ward No. 8 of the Gram Panchayat Nimodia rantains a list of 53 voters from serial No. 75 to No. 127, who were residents of two gramdan villages, namely, Dhani Shervan and Dhani Lakhavas, and were as such members of the Gramsabha Dhani Lakhavas, who could not be valid-ly registered as voters for the election of Sarpanch of the Gram Panchayat Nimodia ?
(2) Whether the aforementioned gram-dan villages of Dhani Bhervan and Dhani Lakhavas are included with area of Gram Sabha Dhani Lakhavas, which is an indepedent local body, if so whether the Rajasthan Panchayat Act, 1953 does not extend to that area ?
(2.)As a result of his findings on these two issues going in favour of Hari Narain, the munsif allowed the election petition, set aside the election of Jadgish as Sarpanch and declared it to be void by reason of the fact that 34 persons, who were members of Gram Sabha Dhani Lakhavas and who could not, in the opinion of the munsif, be validly included in the voters list for election of Sarpanch of Gram Panchayat Nimodia, had voted in the impugned election.
(3.)Jagdish, the elected Sarpanch, whose election has been set aside by the munsif, has filed this writ petition for reversal of the impugned judgment and order of the munsif,
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