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 13-7-2017 passed by the Senior Civil Judge Bayana, District Bharatpur, whereby the election petition (10/2015), titled Sudha Vs. Laxmi and others, 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 Ibrahimpur, Panchayat Samiti Roopwas, District Bharatpur was set aside.
(2.) Election of the RC as Sarpanch of village Panchayat Ibrahimpur, Panchayat Samiti Roopwas, District Bharatpur was called in question 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') by the EP inter alia alleging that the RC had sired three children; Shivani on 15-7-2001, Namita on 4-7-2004 and Anirudh Pratap Singh on 15-6-2007, after the cut off date of 27- 11-1995 rendering her ineligible to contest the election to the post of Sarpanch held in January, 2015 under Section 19(l) of the Act of 1994. It was submitted that although the RC had disclosed her three children but she had fraudulently changed the name Namita to Babita and claimed that Babita was the twin of Anirudh Pratap Singh born on 15-6-2007. This was a fraud only to overcome the statutory disqualification. It was the EP's case that the assertion of Namita purportedly Babita being the twin of Anirudh Pratap Singh born on 15-6-2007 was false, as with a third child born alone and not as a twin, the RC was ineligible.
(3.) On notice on the election petition, the RC filed a reply of denial and asserted that she suffered no ineligibility as alleged. Babita and Anirudh Pratap Singh were stated to have been born as twins on 15- 6-2007 in village Gher Beelpur (Murena, M.P.) in regard whereto a certificate had been issued by the concerned hospital. The fact was allegedly also testified to from the Aadhar card and Aanganbadi Register where Babita and Anirudh Pratap Singh were shown to have been born on the same day. It was submitted that the RC had no daughter by the name of Namita and the EP has procured forged documents to advance her case and overcome a defeat at the polls.;