ALOK SHARMA,J. - (1.) Impugned in this petition under Article 227 of the Constitution of India is the judgment dated 16-1-2017 passed by the Senior Civil Judge and Additional Chief Judicial Magistrate Kishangarh Bas, Alwar District Alwar, 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 Teuwas, Panchayat Samiti Kotkasim District Alwar set aside.
(2.) Election of the RC to the post of Sarpanch of village Panchayat Teuwas 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 had contested the election to the post Sarpanch on the basis of a forged certificate of having passed class VIII examination from Amedkar Junior School Raya Road, Priti Vihar Mathura. Therefore her election to the post of Sarpanch of village Teuwas was liable to be set aside.
(3.) The RC filed reply of denial stating that she had passed 8th class in 1974-75 from Ambedkar Junior School Raya Road, Priti Vihar Mathura and obtained a duplicate mark-sheet on 5-7-2011 from the said school.;