ALOK SHARMA,J. - (1.) passed by District Judge Jhunjhunu whereby election of the petitioner-returned candidate (hereinafter 'the RC') as Sarpanch of Gram Panchayat Kankariya, Panchayat Samiti Khetri, District Jhunjhunu has been declared null and void on the ground that she did not have the requisite minimum educational qualification of class VIII pass as mandated under Section 19(t) of the Rajasthan Panchayati Raj Act, 1994 (hereinafter 'the Act of 1994').
(2.) RC's election to the post of Sarpanch of Gram Panchayat Kankariya, Panchayat Samiti Khetri, District Jhunjhunu in an election on 1-2-2015 was put to challenge by the respondent- election petitioner (hereinafter 'the EP') under Section 43 of the Act of 1994 read with Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (hereinafter 'the Rules of 1994') on the ground that she had not in fact passed the class VIII examination form a school as claimed and was ineligible with reference to the minimum educational qualification under Section 19(t) of the Act of 1994. It was stated that the RC was never admitted to the Gayatri Middle School Harjanpura ('the School') where she claimed to have read as a regular student or at all or passed class VIII examination. The mark- sheet (Ex.4) and Transfer Certificate (Ex.3) purportedly issued by the school based on which the requisite minimum educational qualification was claimed by the RC before the Returning Officer with her nomination form were forged and fabricated in the sense of being nominal in nature having been issued to the RC on her mere askance. It was submitted that the RC was practically an illiterate lady and in fact at the time when she purportedly was admitted to the school in issue in class VIII in academic year 2010-11 as a regular student she was about 28 years old, and married with two minor children. The school was not located in the village where her matrimonial home was. In the circumstances it was prayed that election of the RC to the post of Sarpanch of Gram Panchayat Kankariya, Panchayat Samiti Khetri, District Jhunjhunu be set aside.
(3.) The RC filed reply of denial. It was asserted that she was indeed admitted to the school in class VIII in the year 2011 as a regular student, passed examination therein and was thereafter issued mark-sheet evidencing the aforesaid fact as also a transfer certificate on leaving the school. It was submitted that both the class VIII mark-sheet and TC issued thereafter by the school were genuine.;