VIJAY BISHNOI, J. - (1.) In SB CWP No. 12013 of 2016, the petitioner-Laxman Singh has challenged the judgment dated 06.10.2016 passed by the respondent No. 3-Senior Civil Judge, Degana, District Nagaur (hereinafter to be referred as 'the Election Tribunal') in Election Petition No. 4/15, whereby while accepting the election petition the Election Tribunal has set aside the election of the petitioner-Laxman Singh as Sarpanch, Gram Panchayat Degana Gaon and declared him disqualified and further declared the respondent No. 1-Bhura Ram as Sarpanch, Gram Panchayat Degana Gaon.
(2.) SB CWP No. 12011/2016 has been filed by the petitioner-Radha Kishan with a prayer that the judgment dated 06.10.2016 passed by the Election Tribunal in Election Petition No. 4/15 be set aside and the respondent No. 4 ' District Election Officer (Panchayat) cum District Collector, District Nagaur be restrained to declare the respondent No. 1-Bhura Ram as elected Sarpanch of Gram Panchayat Degana Gaon.
(3.) Brief facts of the case are that Laxman Singh (petitioner in SB CWP No. 1 2013/2016 and respondent No. 2 in SB CWP No. 1 2011/2016) was elected as Sarpanch of Gram Panchayat Degana Gaon on 01.12.2015. The said election of Laxman Singh was challenged by Bhura Ram (respondent No. 1 in both the writ petitions) by filing an election petition under Section 43 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter to be referred as 'the Act of 1994') read with Rule 80 of Rajasthan Panchayati Raj (Election) Rules, 1994 (hereinafter to be referred as 'the Election Rules') on the ground that the Returning Officer has illegally accepted the nomination form of Laxman Singh because at the time of filing of nomination form and on the date of scrutiny of the nomination form, Laxman Singh was disqualified to contest the election for the post of Sarpanch of Gram Panchayat Degana Gaon as per the provision of Section 19 (gg) of the Act of 1994 because the competent criminal court has framed charges against Laxman Singh for the offences punishable under Sections 147, 332, 353, 452/149 and 171-F of IPC and Sections 132, 135 and 135-A of the Representation of Peoples Act, 1951 (hereinafter to be referred as 'the Act of 1951') which are punishable with the imprisonment of seven years.;