Alok Sharma, J. - (1.) HEARD Mr. J.P. Goyal, Sr. Advocate with Mr. Asgar Khan, appearing for the petitioner and Mr. S.K. Gupta with Mr. Manoj Bhardwaj, appearing for respondent No. 1 at reasonable length. It has however transpired that looking to the limitation of the jurisdiction of this Court under Article 227 of the Constitution of India in interfering with the findings of fact on appreciation of evidence laid with regard to the disqualification of the petitioner having mothered three children, one of whom born after the cut off date i.e. 27.11.1995, counsel for the petitioner does not press the writ petition.
(2.) MR . S.K. Gupta appearing with Mr. Manoj Bhardwaj, for respondent No. 1 fairly submits that in view of the submission made by the counsel for the petitioner, he has instruction from his client conveyed by the advocate appearing in the matter before the trial Court in District Bharatpur not to press the respondent -election petitioner's claim to be declared elected for the post of Sarpanch, Gram Panchayat Purabai Kheda, Tehsil & Panchayat Samiti Bayana following the setting aside of the election of the petitioner i.e. this returned candidate. Both the counsel for the parties have however prayed that in view of the vacancy arising to the post of Sarpanch, Gram Panchayat Purabai Kheda, Tehsil & Panchayat Samiti Bayana under the order dated 01.11.2012 passed by the Additional Civil Judge (Sr. Div.) & Addl. Chief Judicial Magistrate No. 2, Bharatpur, the election to the post of Sarpanch of aforesaid Gram Panchayat be held expeditiously. Reference has been made to the judgment of this Court in the case of Smt. Ummed Kanwar vs. Prabhu Singh & Ors.,, 2012 (4) WLC (Raj.) 14 wherein this Court following the judgment of the Hon'ble Supreme Court has held that "as the democratic process must be adequately represented in elected offices, where an election is set aside, it is expected that a fresh election is held at the earliest possible."
(3.) FOR the aforesaid reasons, this writ petition is disposed of with a direction to the competent authority to undertake fresh election to the post of Sarpanch, Gram Panchayat Purabai Kheda, Tehsil & Panchayat Samiti Bayana at the earliest possible but in no event later than two months from the date of the presentation of a certified copy of this order. Stay application needs no address in view of the writ petition being disposed of as above.;