Narendra Kumar Jain -I, J. - (1.) HEARD learned counsel for the parties. This intra Court appeal is directed against impugned order dt. 24.09.2011 passed by the Single Bench, whereby writ petition filed by the petitioner/appellant, challenging the judgment dt. 05.09.2011 passed by the Court of Civil Judge(Senior Division), Shahpura, District Jaipur (hereinafter referred to as 'the Election Tribunal'), setting aside the election of the appellant on the post of Sarpanch, has been dismissed.
(2.) BRIEFLY stated the facts of the case are that Respondent No. 2, Surendra Kumar filed an election petition under Rule 80 of Rajasthan Panchayati Raj Election Rules, 1994 against Non -Petitioner No. 1/appellant, Ramchandra, District Election Officer and State Election Commission, Rajasthan, Jaipur in the Court of District and Sessions Judge, Jaipur District, Jaipur on 25.02.2010, which was transferred for disposal to the Election Tribunal. In the election petition, it was averred that a notification was issued by State of Rajasthan for holding elections in the Village panchayats in all the districts. The election for the post of Sarpanch of Village Panchayat Sothana, Panchayat Samiti Virat Nagar was to be held on 04.02.2010, for which the application/nomination was to be filed on 03.02.2010. The post of Sarpanch in Village Panchayat Sothana was reserved for OBC candidate. As per para 3 of the election petition, seven persons filed their nomination forms including election petitioner, Surendra Kumar and Non -petitioner No. 1, Ramchandra.
(3.) IT was also averred that certain informations were required to be given, including an information regarding living children of a candidate as on 27.04.1994. Non -petitioner No. 1, Ramchandra gave information of six children, who were born before March, 1994. It was further averred that the dates of birth of children of Non -petitioner No. 1 have not been correctly furnished by him. One child of Non -petitioner No. 1 namely Pukhraj was born on 15.05.1999 and another child of Non -petitioner No. 1, Himmat Singh was born on 18.10.1998. It was stated that both children, Pukhraj and Himmat Singh were studying in National Education Academy in Village Virat Nagar. It was, therefore, averred that information furnished by Non -petitioner No. 1, winning candidate, Ramchandra was not correct and his two children, namely Pukhraj and Himmat Singh were born after 27.04.1994, i.e. after coming into force the Rajasthan Panchayati Raj Act, 1994. It was also averred that due to aforesaid reason, Non -petitioner No. 1 was not eligible to contest the election, therefore, his election was void ab initio and the same may be declared as such and the petitioner, who stood at serial No. 2, may be declared as elected Sarpanch. The other facts were also mentioned in the election petition.;