SANDEEP MEHTA,J. - (1.) Through this writ petition under Article 227 of the Constitution of India, the petitioner Smt. Rafika Bano being the Sarpanch elect of Village Sherani Abad, Tehsil Deedwana, District Nagaur in the elections held in the year 2015 has approached this Court for assailing the judgment dated 06.10.2016 passed by Senior Civil Judge, Deedwana, District Nagaur in Civil Misc. (Election Petition) No.09/2015 filed by respondent Smt. Salma Sherani whereby the petitioner's election on the post of Sarpanch was set aside and the post was declared vacant.
(2.) Brief facts relevant and essential for disposal of the writ petition are noted herein below:- The respondent/election petitioner Smt. Salma Sherani challenged the petitioner's election as Sarpanch of the Village Sherani Abad on the ground that the educational testimonials/certificates pertaining to standard 8th which was mandatory qualification for contesting the election on the post of Sarpanch, as presented by the petitioner along with her nomination papers were fabricated and that the petitioner was dis entitled to contest the election as she was not qualified for the post of Sarpanch.
(3.) The election petition came to be filed under Section 43 of the Rajasthan Panchayati Raj Act, 1994 read with Rule 80 of the Rajasthan Panchayati Raj Election Rules. The relevant averments made by the respondent/election petitioner in her election petition and the counter filed thereto by the petitioner are germane for deciding the controversy and hence are reproduced herein below for the sake of ready reference:-;