ALOK SHARMA,J. - (1.) Under challenge is the judgment dated 23-11-2016 passed by the Additional Senior Civil Judge cum Additional Chief Judicial Magistrate Dholpur, whereby the election petition filed by the respondent-election petitioner (hereinafter the EP') has been allowed and the election of the petitioner-returned candidate (hereinafter 'the RC') to the post of Sarpanch of village Karimpur, Panchayat Samiti Sainpau District Dholpur has been set aside.
(2.) Election to the post of Sarpanch of village Karimpur, Panchayat Samiti Sainpau District Dholpur were held on 20-1-2015. The EP and several others who contested the election and lost while the RC was elected. The EP challenged the RC's election on the ground that the RC had not attained the age of 21 years, and hence was ineligible to contest the election in terms of Section 19(a) of the Rajasthan Panchayati Raj Act, 1994 (hereinafter 'the Act of 1994'). It was stated that the claim of the RC to be over 21 years of age based on the date of birth as 14-1-1994 was false, and in fact her correct date of birth was 12-9-1998. It was submitted that on the date of filing nomination papers the RC was only about 17 years of age and hence was ineligible to contest the election for the post of Sarpanch. Yet contested and was elected. Hence the election of the RC to the post of Sarpanch of village Karimpur, Panchayat Samiti Sainpau District Dholpur be set aside.
(3.) On notice on the election petition being received, the RC filed a reply of denial. She claimed to have completed the age of 21 years as her date of birth was 14-1-1994 as purportedly evidenced from the TC from the Cheenu Public School where she studied from class I to VIII, which school was recognised by the State of Rajasthan. She stated that earlier her date of birth was indeed wrongly entered as 14-7-1998, which was later on corrected as 14-1-1994. And the same date of birth i.e. 14-1-1994 was recorded in her Identity card, Caste certificate and Aadhar card. It was submitted that she was thus eligible to contest the election to the post of Sarpanch. Allegations to the contrary were an afterthought at the instance of a defeated candidate, and were never taken before the Returning Officer at the time of submission of nomination papers.;