ALOK SHARMA,J. - (1.) This petition, purporting to be one under Article 226 of the Constitution of India but in fact basically relatable to Article 227 of the Constitution of India, has been filed against the judgment dated 17-7-2017 passed by the Additional Senior Civil Judge No.1, Ajmer, whereby the election petition 13/2016 (23/2015) CIS(1/2016), titled Smt. Bismilla v. District Election Officer and Collector Ajmer , filed by the respondent-Election Petitioner (hereinafter the EP') challenging the election of the petitioner-returned candidate (hereinafter 'the RC') was allowed and the election of the RC as Sarpanch of village Panchayat Nundrimehtan, Panchayat Samiti Jawaja, District Ajmer was set aside.
(2.) Election of the RC as Sarpanch of village Panchayat Nundrimehtan, Panchayat Samiti Jawaja, District Ajmer was called in question under Section 43 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter 'the Act of 1994') read with Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (hereinafter 'the Rules of 1994') by the EP inter alia alleging that the RC had contested the election for the post of Sarpanch on 17-1-2015 on the basis of forged and fabricated mark-sheet of Class-VIII and transfer certificate evidencing her having passed Class-VIII issued by Maharishi Parshuram Junior High School District Firozabad (Agra) rendering her eligible when she was not to contest the election to the post of Sarpanch held on January 17, 2015 under Section 19(t) of the Act of 1994. And despite objections by the EP, the Returning Officer arbitrarily accepted the RC's nomination form. It was submitted that the mark-sheet and TC of the Maharishi Parshuram Junior High school, District Firozabad (Agra) certifying the RC to have passed Class-VIII on 20.5.1965 was palpably false as evident from the fact that it purported to have been verified/endorsed by the Basic Education Officer, Uttar Pradesh when the said post was not in existence at the relevant time in 1965 and had been established only in the year 1972. It was prayed that consequently the election of RC to the post of Sarpanch of village Nundrimehtan, Panchayat Samiti Jawaja, District Ajmer be set-aside and the EP securing the second highest number of votes be declared to be the elected Sarpanch.
(3.) RC filed reply of denial and submitted that she suffered no ineligibility as alleged. She asserted that the educational qualification of Class-VIII pass from Maharishi Parshuram Junior High school, District Firozabad (Agra) had been rightly accepted by the Returning Officer, whereupon she was rightly allowed to contest the election. The Returning Officer also filed reply to the election petition taking various objections to its maintainability. It was submitted that no objection with regard to in-eligibility of the RC was ever raised before him at the time of filing of the nomination papers.;