ALOK SHARMA,J. - (1.) This petition, purporting to be one under Article 226 of the Constitution of India but in fact basically relatable to Article 227 of the Constitution of India, has been filed against the judgment dated 17-8-2017 passed by the Additional Senior Civil Judge No. 20, Sanganer, Jaipur Metropolitan City, Jaipur, whereby the election petition (10/2015), titled Manju Meena v. Gheesi Meena, filed by the respondent-Election Petitioner (hereinafter the EP') challenging the election of the petitioner-returned candidate (hereinafter 'the RC') was allowed and the election of the RC as Sarpanch of village Panchayat Girdharilalpura, Tehsil chaksu, District Jaipur, (Raj.) set aside.
(2.) The RC contested election of the post of Sarpanch of village Panchayat Girdharilalpura, Tehsil Chaksu, District Jaipur held on 24-1-2015. Having secured highest votes she was declared elected as Sarpanch. The respondent EP laid an election petition challenging RC's election under Section 43 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter 'the Act of 1994') read with Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (hereinafter 'the Rules of 1994') on two grounds (I) RC had three children on 24-1- 2015, the date of contesting the election, of whom Laddu Devi born on 2-8-1985, Kali Devi on 9-1-1987 and Pavan Kumar Meena born in the year 1998, the third was born after the cut off date of 27-11- 1995 rendering her disqualified to contest the election to the post of Sarpanch in terms of Section 19(l) and proviso (iv) of the Act of 1994; and (ii) The RC had not passed class VIII from a school recognized by the State Government as mandatory under Section 19(t) of the Act of 1994 as the class VIII mark-sheet and TC in regard thereto issued by BNV Niketan Middle School Vishnu colony Laxmi Nagar Jaipur were forged and fabricated.
(3.) The RC in reply to election petition denied all allegations of her ineligibility both on count of contravention of Section 19(l) and 19(t) of the Act of 1994.;