Sangeet Lodha, J. - (1.) BY way of this writ petition, the petitioner has questioned legality of order dated 18.11.10 passed by the Civil Judge (S.D.), Bali, in Civil Misc. Case No. 2/10, whereby the election petition preferred by the petitioner questioning the election of the returned candidate, the fifth respondent herein, as Panch from Ward No. 4 of Gram Panchayat, Bhander, stands dismissed.
(2.) THE relevant facts are that the nomination form filed by the petitioner for contesting elections as a Panch from Ward No. 4 of Gram Panchayat, Bhander, was rejected by the Returning Officer on the ground of petitioner having more than two children. The result of election was declared wherein the fifth respondent -Prakash Raj was declared elected. The petitioner filed the election petition questioning the election of the returned candidate on the ground of illegal rejection of his nomination form by the Returning Officer. The election petition was contested by the fifth respondent by filing a reply thereto. No reply was filed on behalf of the Returning Officer and other co -respondents.
(3.) ON the basis of the pleadings of the parties, the Election Tribunal framed the issues. Since there was no factual dispute, the parties did not lead any evidence.;