SANDEEP MEHTA,J. - (1.) These two writ petitions involve common questions of facts and law and thus, are being decided together by this single judgment.
(2.) Mrs. Rajeshwari, petitioner in S.B. Civil Writ Petition No. 3508/2018, was elected on the post of Sarpanch, Gram Panchayat Nandvan, Tehsil Looni, District Jodhpur, whereas, Mrs. Kamla Motda, petitioner in S.B. Civil Writ Petition No. 6095/2018, was the sole contesting candidate against Mrs. Rajeshwari and lost the election as she secured lesser number of votes.
(3.) Mrs. Kamla Motda challenged the election of Mrs. Rajeshwari by filing an election petition before the Election Tribunal, Jodhpur, which came to be registered as Election Petition No. 27/2015. The principal ground of challenge laid by Mrs. Kamla Motda to the election of Mrs. Rajeshwari was that she gave birth to three children after the cut off date, i.e. 27.11.1995, and thus, she was disqualified from contesting the election in terms of Section 19 (iv) of the Panchayati Raj Act. It was further alleged that Mrs. Rajeshwari, while filing the nomination papers, did not disclose the fact that she was having 3 children after the cut off date stipulated in the Act.;