SMT. MEERA DEVI WIFE Vs. SMT. SHREEDEVI BAI MEENA
LAWS(RAJ)-2017-9-38
HIGH COURT OF RAJASTHAN
Decided on September 19,2017

Smt. Meera Devi Wife Appellant
VERSUS
Smt. Shreedevi Bai Meena Respondents

JUDGEMENT

ALOK SHARMA,J. - (1.) This petition has been filed against the judgment dated 24-4-2017 passed by District Judge, Karauli 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') has been allowed. The RC has been declared ineligible to contest the election and her election to the post of Sarpanch of Gram Panchayat Kirwada, Panchayat Samiti Todabheeem, District Karauli has been set aside.
(2.) Election of the RC to the post of Sarpanch of Gram Panchayat Kirwada, Panchayat Samiti, Todabheem, District Karauli was called in question under Section 43 as also Section 19(t) of the Rajasthan Panchayati Raj Act, 1994 (hereinafter 'the Act of 1994') read with Rule 80 as also Rule 80(d)(i) and Rule 57 of the Rajasthan Panchayat Raj (Election) Rules, 1994 (hereinafter 'the Rules of 1994') by the EP inter alia alleging that on the date of filing of nomination form, RC had not passed class VIII, the minimum requisite educational qualification for the post in issue. It was contended that the documents viz. Marks sheet and TC filed by the RC with regard to her having passed class VIII were not genuine but forged and fabricated. The EP raised an objection with regard to the educational qualification of the RC of having passed VIII class, but the Returning Officer did not consider the same and accepted her nomination form.
(3.) Another election petition was filed by one Smt. Geeta Devi also challenging the election of RC on the post of Sarpanch of Gram Panchayat Kirwada, Panchayat Samiti, Todabheem, District Karauli.;


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