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2012 Supreme(Raj) 619

ALOK SHARMA
Ummed Kanwar – Appellant
Versus
Prabhu Singh – Respondent


Advocates Appeared
R.K. Agarwal, Sr. Advocate with Alok Chaturvedi, for Petitioner;
S.K. Gupta with Akhil Simlote, for Respondents;
S.D. Khaspuria, Addl.G.C., for State

Hon'ble SHARMA, J.—A challenge has been laid in this petition to the order dated 30.03.2012, passed by the Civil Judge (Sr. Div.), Sikar (hereinafter 'the trial court') in an Election Petition No.B.T. 1/2010 filed by the respondent No.1, Prabhu Singh (hereinafter 'the election petitioner'), whereby the petitioner's election to the post of Sarpanch of Gram Panchayat Tidoki Badi, Tehsil Laxmangarh, District Sikar has been set aside holding that the petitioner was ineligible to contest the election for the post of Sarpanch with reference to Section 19(l) of the Rajasthan Panchayati Raj Act, 1994 (hereinafter 'the Act of 1994'). A challenge has also been laid to the consequential direction by the trial court declaring the election petitioner (respondent No.1 herein) as elected to the post of Sarpanch of Gram Panchayat Tidoki Badi, Tehsil Laxmangarh, District Sikar.

2. The facts of the case are that an election petition under Section 43 of the Act of 1994 read with Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (hereinafter 'the Rules of 1994') was filed by the election petitioner, Prabhu Singh, alleging that the petitioner herein and respondent before the trial court (he



































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