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2016 Supreme(Raj) 1018

MOHAMMAD RAFIQ
Bajrang son of Sahi Ram – Appellant
Versus
Shiv Ram alias Sheo Ram son of Shri Sultan Singh – Respondent


Advocates Appeared:
For the Petitioner: Mr. J.P. Goyal, with Mr. Dheeraj Singhal.
For the Respondents: Mr. Sudhir Yadav, Mr. Amit Jindal.

ORDER :

1. This writ petition has been filed by Bajrang challenging the order dated 09.09.2016 passed by learned Senior Civil Judge, Khetri, District Jhunjhunu, who thereby allowed the election petition filed by respondent Shivram @ Sheoram and set-aside the election of the petitioner as Sarpanch of Gram Panchayat Kala Khari. The petitioner was elected as Sarpanch of Gram Panchayat Kala Khari on 24.01.2015. The respondent in the election petition stated that as per the schedule of election, nomination papers were to be received on 23.01.2015 from 8:00 AM to 11:00 AM and scrutiny was to commence on that date at 10:50 AM, whereas withdrawal of the nomination form could be made at 3:00 PM. According to the allegation of the respondent, he submitted his nomination form to Returning Officer at 10:00 AM on 23.01.2015. The Returning Officer illegally rejected his nomination form on the premise that he had more than two children born to his wife after the cut off date. Learned court below, while allowing the election petition, observed that the respondent had produced the complete academic record of his children. There was minor mistake in the nomination form. In fact mistake lay in indicat









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