ALOK SHARMA, J. - (1.) Impugned in this petition purporting to be one both under Articles 226 and 227 of the Contitution of India is the judgment dated 20-8-2016 passed by the Additional Chief Judicial Magistrate and Civil Judge (Senior Division) Jhalrapatan District Jhalawar, where under the election petition 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 RC as Sarpanch of village Panchayat Sameli Haat, Panchayat Samiti Manohar Thana District Jhalawar set aside.
(2.) Election of the RC to the post of Sarpanch of village Panchayat Samli Haat aforesaid 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 Panchayat Raj (Election) Rules, 1994 (hereinafter 'the Rules of 1994') by the EP inter alia alleging that the RC on the date of filing of nomination on 17-1-2015 had not attained the age of 21 years, a disqualification under Section 19(a) of the Act of 1994. It was contended that as per voter ID bearing No.ATJ/0753848 dated 30-8-2013 issued by the Election Commission to RC her date of birth was 10-10-1995. In the voter list of 2014 her age shown as 19 years. And her date of birth recorded on 1-7-2000 when the returned candidate was admitted with scholar No. 399 in the Secondary School at Hirenkhedi Development Block Rajgarh, District Rajgarh M.P, and studied there from Class I to Class VIII was also 10-10-1995 as reflected in certificate No. 557/2 dated 2-2-2015 issued by the Principal, Government Secondary school Hirenkhedi. As such on the date when elections were held on 18-1-2015, she had not attained the age of 21 years. It was submitted that the documents filed by the RC purportedly issued by Government Girls' Higher Secondary School Rajgarh indicating her date of birth as 10-10-1992 were forged and fabricated. It was also contended that at the time of filing nomination papers for the election in issue, the EP had raised the very same objection before the Returning Officer who however failed to consider them and illegally allowed the RC to contest election to the post of Sarpanch to which she was elected.
(3.) On notice on the election petition, the RC filed reply of denial stating that she was eligible to contest the election. It was her case that her actual date of birth was 10-10-1992 which was established by her horoscope and buttressed by the mark-sheet of Class VIII issued by Government Girls' Higher Secondary School Rajgarh. She stated that her age mentioned in the voter list and date of birth in the Identification card issued by the Election Commission were both clerical mistakes by the concerned departments. She asserted that the documents relied upon by the EP were not verified in terms of Rule 82(2) of the Election Rules of 1994 and could not be relied upon. Other objections unrelated to the dispute as to the R.C's age and her eligibility to contest the election to the post of Sarpanch were also taken.;