2008 Supreme(Raj) 2476
NARAYAN ROY, MOHAMMAD RAFIQ
Anita Gaur – Appellant
Versus
The State of Rajasthan – Respondent
For the Appellant (Respondent in SAW No. 01035 of 2008):Dr. P.C. Jain with R.R. Sharma , Advocates.
For the Respondents (Appellant in SAW No. 01035 of 2008):B.L. Avasthi, Addl. Government Counsel, R.K. Mathur, Advocate.
JUDGMENT
1. - Aforesaid two special appeals are directed against the common judgment dated 19th February 2008 passed by the learned Single Judge whereby writ petitions filed by both the appellants against the judgment of the learned Civil Judge (Senior Division) Lalsot, District Dausa setting aside election of one of them and refusing to declare the other one elected, were dismissed.
2. Both the appellants contested the election to the office of Member from Ward No. 6 of Panchayat Samiti Lalsot. When the appellant Meetha Lal filed his nomination paper, he submitted an affidavit therewith declaring that he was having only two children. First child Meenakshi was born on 10.12.1992 and second child Mintu on 4.2.2000. Anita Gaur, the other contesting candidate raised an objection before the Election Officer to the effect that Meetha Lal has concealed the fact with regard to birth of third child out of the wedlock of his marriage in the month of June, 2003. Since he had a third child born to him after the cut-off date, i.e., 27.11.1995, he was ts not eligible to contest the election as per the provisions of Rule 19(1) of the Rajasthan Panchayati Raj Act, 1994 (for short the Act'). The El
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