Vijay Bishnoi, J. - (1.) The petitioner has filed this writ petition seeking following reliefs from this Court:- "It is, therefore, humbly prayed that this writ petition may kindly be allowed and by an appropriate writ order or direction, A. The Respondent No.4 may be declared to be an usurper in the office of Zila Pramukh, Zila Parishad Churu by fraud and illegal means and was disqualified in view of Section 19(r) of the Rajasthan Panchayati Raj Act 1994 and be ousted from the office as such. B. It may be held that Respondent No.4 does not possess the requisite Educational Qualification for contesting the election of Member of Zila Parishad in view of Section 19(r) of the Rajasthan Panchayati Raj Act 1994 and be ousted from the office as such. C. It may be declared that the Mark and Certificate of High School Exam 2010 from Utrakhand Vidhyalayee Shiksha Parishad, submitted by the Respondent No.4 with the Respondent No.2 are forged documents and a prosecution may be ordered against Respondent No.4. Any other appropriate writ, order or direction, which this Hon'ble Court may deem it just and proper in the facts and circumstances of the case may kindly be issued in favour of the Petitioner.
(2.) On 22.9.2017, the petitioner moved an application seeking permission from this Court to allow him to amend this writ petition by inserting one additional ground i.e. ground (D1), which is follows:- "(D1). That the election of the respondent no.4 for the post of member of Zila Parishad, Churu from Ward No.16 is ab-initio null and void as the respondent no.4 was not having educational qualification for contesting the election. The respondent no.4 has submitted the nomination form in which the educational qualification has been mentioned as Class Xth passed from Uttrakhand Vidhyalyee Shiksha Parishad, Uttarkhand in the year 2010 and also mentioned the said qualification in the declaration form and annexed the mark sheet with nomination form which was issued on 25.06.2010 and the certificate was issued on 27.05.2010 whereas the petitioner got the information from the Uttrakhand Vidhyalyee Shiksha Parisadh, Nainital regarding declaration of the result of the qualification of the respondent No.4. The concerned institution informed the petitioner that the result was announced on 29.05.2010, therefore, looking to the above mentioned facts the mark sheet of the respondent no.4 attached with the nomination form is forged one. As such the election contested by the respondent no.4 on the qualification annexed with the nomination form is forged one. Thus the result of the election of the respondent no.4 deserves to be declared ab-initio void and same is liable to be quashed and set aside and the writ of quo warranto be issued to remove the respondent No.4 from the post of member of Zila Parishad, Churu from Ward No.16 and from the post of Zila Pramukh, Zila Parishad, Churu."
(3.) The petitioner has also sought permission to include the prayers (d) and (e) in the prayer clause, which are as under:- "(d) The result and election of the respondent no.4 as member Zila Parishad, Churu from Ward No.16, Churu may kindly be declared ab-initio void and same may kindly be quashed and set aside. (e) The respondent no.4 may kindly be removed from the post of member, Zila Parishad, Churu from Ward No.16 so also from the post of Zila Pramukh, Zila Parishad, Churu.";