- (1.) This petition has been filed impugning the order dated 20.12.2011, passed by the Additional Civil Judge (Sr. Div.), Baran, cancelling the election of the petitioner on the post of Sarpanch, Gram Panchayat Manpura, Panchayat Samiti Chippabarod, District Baran and for directing that the order dated 20.12.2011 be sent to the District Election Officer (Panchayat) as per Rule 87(2) of the Rajasthan Panchayati Raj (Election) Rules, 1994.
(2.) I have heard the counsel for the petitioner and perused the writ petition as also the impugned order dated 20.12.2011.
(3.) The election of the petitioner as Sarpanch of Gram Panchayat Manpura has been set aside by the court below on a finding of fact that the petitioner was not eligible for the post of Sarpanch as he had born three children after 27.11.1995 and consequently was ineligible with reference to Section 19(l) of the Rajasthan Panchayati Raj (Election) Act, 1994. The court below has considered the said issue as issue No.1 and a perusal of the order dated 20.12.2011 passed by the court below in regard thereto indicates that the court has came to a find of fact from the evidence on record that the petitioner had indeed born three children after 27.11.1995 and thus was ineligible for the post of Sarpanch of Gram Panchayat Manpura.;