ALOK SHARMA, J. - (1.) The petitioner-returned candidate (hereinafter 'the RC') is aggrieved of the judgment dated 20-5-2017 passed by Senior Civil Judge Kota, the Election Tribunal (hereinafter 'the Election Tribunal') in Election Petition No.23/2015 (11/2016), titled Smt. Durgesh v. Shanti and Another , whereby the election petition filed by the respondent-election petitioner (hereinafter 'the EP') was allowed, election of the RC as Sarpanch of Gram Panchayat Jorawarpura, Panchayat Samiti Itawa District Kota set aside and directions issued to conduct fresh election on the resultant vacant post of Sarpanch.
(2.) The facts of the case are that election for the post of Sarpanch of Gram Panchayat Jorawarpura, Panchayat Samiti Itawa District Kota was held in 1-2-2015 as per the provisions of the Rajasthan Panchayati Raj Act, 1994 (hereinafter 'the Act of 1994') and the Rajasthan Panchayati Raj (Election) Rules, 1994 (hereinafter 'the Rules of 1994') Result thereof was declared and the RC, who secured 949 votes as against 775 votes cast for the EP, was declared elected as Sarpanch. The EP then challenged the RC's election on the ground that she was not qualified for contesting the election having not passed class VIII and that the transfer certificate/marks sheet of class VIII submitted by her along with the nomination paper were forged as apparent from the fact that mark sheet purportedly issued by Sant Ramkrishna Senior Secondary school Vigyan Nagar, Kota (SRSSS) evidencing the RC purportedly passing class VIII therefrom in 1978- 79 were not signed by the Head Master of the school nor verified by the District Education Officer or any other authorised officer of the Department of Education. The TC suffered similar anomalies. Both documents were thus suspect. It was alleged that even in the Bhamashah card the RC had used her thumb impression and declared herself illiterate. So too in the bank account of the RC with the Central Bank of India, branch Itawa where the RC had put her thumb impression clearly evidencing that she was an illiterate woman. It was further stated that FIR No.47/2015 for offences under sections 420, 467, 468, 471 and 120B IPC was lodged by the EP's husband against the RC with regard to forgery of her purported educational qualifications of class VIII pass whereupon following an investigation challan had been filed against the RC in the court of Judicial Magistrate Itawa for offences alleged.
(3.) On service of the election petition, the RC filed a reply of denial. She claimed that her putting thumb impression on the Bhamashah card and bank account did not by itself prove that she did not have the requisite minimum qualification of class VIII pass. The Returning Officer filed reply to election petition and submitted that the RC's nomination form was accepted on documents submitted before him in support thereof and that no objection with regard to the RC's alleged lack of educational qualification was made by the EP at the relevant time.;