ALOK SHARMA,J. - (1.) This petition has been filed challenging the order dated 18-5-2017 whereby the petitioner-returned candidate's (here in after the RC') application for her evidence through Power of Attorney was dismissed, and her evidence closed. And also under challenge is the judgment dated 26-5-2017 passed by the Additional Civil Judge (Senior Division) and Additional Chief Metropolitan Magistrate No. 13, Bassi, Jaipur Metropolitan City, Jaipur, whereby the election petition (6/2015) filed by the respondent-Election Petitioner (hereinafter the EP') was allowed and the election of the RC as Sarpanch of Village Panchayat Khijuria Brahmnan, Tehsil Bassi, District Jaipur set aside.
(2.) The RC contested election for the post of Sarpanch of Village Panchayat Khijuria Brahmnan, Tehsil Bassi, District Jaipur held on 18-1-2015. Having secured highest votes she was declared elected. The respondent EP laid an election petition challenging the 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 the ground that the RC did not have the requisite minimum educational qualification mandated under Section 19(t) of the Act of 1994 and her documents submitted before the Returning Officer in regard thereto purportedly issued by Badrinath Vidya Niketan School, Vishnu colony Laxmi Nagar Jaipur (hereinafter 'the school') were forged and fabricated. It was stated that the RC was wholly illiterate, barely able to sign and since her marriage when 10 years of age was at all times residing in village Piplya bai and could not possibly have studied as regular student at the school in Jaipur as wrongly and falsely asserted by her. It was further stated that the lack of any formal education as falsely claimed, allegedly acquired by the RC was evident from her own apparent admission in the years 2010 and 2013 when she contested the election for the post of Sarpanch of Village Panchayat Khijuria Brahmnan, Tehsil Bassi, District Jaipur that she had no formal education at all as she had merely put her thumb impression on the nomination form which would not have been done if she was at all literate, what of having passed class VIII as claimed by her in the nomination form for the 2015 election.
(3.) The RC in reply to election petition denied all allegations of her ineligibility. She claimed that while she was residing with her uncle Kanaram at Jaipur she was admitted to the Badrinath Vidya Niketan School Jaipur (hereinafter 'the school') in the year 1980 and studied there as regular student up to 15-5-1988 when she passed class VIII before being married in the year 1989. It was stated that in the year 2004 when she applied for the post of Sahayogini in Aanganbadi, she obtained her TC from the school evidencing having her passed class VIII. That was counter signed by the District Education Officer Elementary Education Jaipur. It was stated that in earlier elections her declaration only to be literate and non disclosure of the fact of class VIII pass was of no consequence as at the relevant time disclosure of educational qualification was not mandatorily required in the nomination form. It was further stated that the EP also did not have the requisite educational qualification of class VIII pass from any government recognized school and herself was not eligible to contest the election on the post of Sarpanch.;