ALOK SHARMA,J. - (1.) Both the petitions are taken up together for hearing on the consent of the counsel for the parties as they submit that the challenge is identical in the two petitions. Mr.A.K. Gupta appearing with Ms.Mudita Sharma for the petitioner-returned candidate (hereinafter 'RC') submits that even while the impugned judgment dated 06.10.2017 in Election Petition No.35/2015 passed by Additional Senior Civil Judge, Jhalawar setting aside the RC's election on the ground of her not being 21 years of age on the date of the election to the post of Sarpanch and hence ineligible to contest election on the post of Sarpanch, be upheld, the remainder part of the judgment directing recounting of the votes at the said election for the post of Sarpanch, Gram Panchayat Nanor, Panchayat Samiti, Bakani held on 01.02.2015 and declaration of result thereof excluding the candidature of the RC be quashed and set aside. Mr.A.K. Gupta submitted that it is a well-settled legal position that in a multi- cornered contest where the result of the returned candidate set aside, none-else can be declared to be elected and the election to the resultant vacancy on post in issue has to be held afresh. It was submitted that it is an admitted fact in the instant case that there were five contestants in the election for the post of Sarpanch, Gram Panchayat Nanor, Panchayat Samiti, Bakani to which the RC was elected. Mr.Rahul Kanwar appearing for the respondent-election petitioner (hereinafter 'EP') admits to the factum of five candidates having contested election to the post of Sarpanch, Gram Panchayat Nanor, Panchayat Samiti, Bakani held on 01.02.2015. He fairly admits to the legal position that in a multi- cornered contest, subsequent to the setting aside of the election of the RC in an election petition, none else can be declared to be elected and the election to the resultant vacancy has to be held afresh.
(2.) Resultantly, the petitions are accordingly disposed of as under:- 1.The two judgments both dated 06.10.2017 passed by the Additional Senior Civil Judge, Jhalawar, to the extent of setting aside the election of the RC are upheld. 2.The impugned judgments dated 06.10.2017 to the extent, they direct the recounting of votes at the election in issue for the post of Sarpanch, Gram Panchayat Nanor, Panchayat Samiti, Bakani be done excluding the RC and the result thereafter be declared is however quashed and set aside.
(3.) It is directed that election to the vacancy on the post of Sarpanch, Gram Panchayat Nanor, Panchayat Samiti, Bakani following the setting aside of the election of the RC under the judgment dated 06.10.2017 be now held by the respondent-State Government in terms of the provision of the Rajasthan Panchayati Raj Act, 1994 and the Rajasthan Panchayati Raj Rules, 1996.;