ALOK SHARMA,J. - (1.) Under challenge is the impugned judgment dated 21-12- 2016 passed by the District Judge Karauli which allowed the election petition filed by the election petitioner (hereinafter 'the EP') against the returned candidate (hereinafter 'the RC') setting aside her election as Sarpanch of Gram Panchayat Gudla, Panchayat Samiti Karauli District Karauli held on 18-1-2015.
(2.) The relevant facts of the case are that an election petition was filed by the EP against the RC alleging that the RC despite her ineligibility to contest the election to the post of Sarpanch of village Gudla for reason of her not having the requisite minimum educational qualification of class VIII pass from a recognized school mandated under Section 19(t) of the Rajasthan Panchayati Raj Act, 1994 (hereinafter 'the Act of 1994') contested the election. It was submitted that the RC's class VIII pass mark-sheet and certificate issued by Shiv Bal Mandir Upper Primary School Nangal Sherpur, Tehsil Todabhim were forged and fabricated. It was further submitted that aside of two children Hariom born on 2-9-1997 and Pooja born on 3-5-2001, as disclosed by the RC in her nomination form, she had suppressed the fact of giving birth to Deepa born on 12-6-1991 and Sapna born on 3-8-2004, which also rendered her ineligible under Section 19(l) of the Act of 1994. For reason of the two aforesaid disqualification, the RC's election was prayed to be set aside.
(3.) The RC filed reply of denial. It was stated that she had only two children Hariom born on 2-9-1997 and Pooja born on 3-5-2001, as disclosed by her in the nomination form. Deepa was stated to be the daughter of Ishwarlal and Sapna of one Charan Singh, brothers of RC's husband Siyaram. It was stated that the EP had filed the election petition on false pretext emanating from her pique at her losing the election to the RC on the post of Sarpanch.;