A writ of quo warranto can be issued against an elected representative who lacks eligibility to hold public office, even if there is a statutory remedy of an election petition, if there is no real and bonafide dispute as to the alleged ineligibility.

1. In this petition for a writ of quo warranto, the right of the respondent no. 4 – Returned Candidate (hereafter ‘RC’) to hold the post of Sarpanch of Gram Panchayat, Ladana, Tehsil Phagi, District Jaipur despite his election on the said post has been challenged on the ground that he was ineligible to contest the election for reason of his not having the statutorily mandated minimum educational qualification of class VIII pass.

2. It has been submitted by Mr. Saransh Saini, counsel for the petitioner that Elections to the Gram Panchayat Ladhana, Tehsil Phagi, District Jaipur were held on 24.1.2015. The RC filed his nomination form despite his ineligibility to contest the election for the post of Sarpanch. That was on the basis of forged and fabricated documents. The nomination form filled in by the RC was not appropriately considered by the Returning Officer and in fact with his collusion the RC had been allowed to contest. Mr. Saransh Saini further submitted that in his declaration form under Clause-5, the RC claimed that he had passed Class-VIII from Tagore Vidhya Mandir Senior Secondary School, Bandikui, District Dausa (hereafter ‘the school’), whereas earlier in the year 2010 when the RC had also contested the election for the post of Sarpanch, in his nomination form he did not disclose that purported educational qualification of having passed Class-VIII but only stated that he was ‘literate’. That, he submitted was evident from the result sheet of Gram Panchayat, Ladhana, Tehsil Phagi, District Jaipur with regard to the elections held for the post of Sarpanch in the year 2010 (Annexure-3).

3. Mr. Saransh Saini further submitted that the minimum educational qualification statutorily prescribed for contesting election for the post of Sarpanch is class-VIII pass from a recognised Government school. Section 19(t) of the Act of 1994 so states. He submitted that as per Annexure-5 – the Transfer Certificate was belatedly purportedly issued by the school to RC on 1.7.2005 while on his own case he was allegedly admitted to the said school in Class-VI on 1.7.1986 and left it after allegedly passing Class-VIII on 15.5.1990. Mr. Saransh Saini submitted that vide letter dated 3.5.1991 under the hand of the District Education Officer, Ist (Annexure-6), permanent recognition to the school in issue was given w.e.f. 1.7.1991 and permission to run class-VI obtained only commencing Academic Session 1991-92. In this view of the uncontrovertible public document on record it is pellucid, Mr. Saransh Saini submitted that in the years 1986-87, 1987-88 and 1988-89, when the RC claims to have studied in Class-VI, VII and VIII in the school in issue it was not even recognized to admit students to the said classes.

4. Mr. Saransh Saini further pointed out that one Ghasi Ram as also the petitioner both filed criminal complaints against the RC for offences under Sections 420, 467, 468, 471 and 120B IPC under Section 156(3) of the Criminal Procedure Act, 1973 which were sent to the concerned Police Station for investigation. FIR No.134/2015 was registered and after investigation, the police submitted a charge sheet no. 206/2015 against the RC on 20.10.2015. It has also been submitted that against the administration of the school, several complaints were filed for issuing forged and fabricated marks sheets and certificates. In FIR No.111/2015 registered at Police Station, Bandikui for the offence under Sections 420, 467, 468 and 471 IPC, Manager of the said school Shiv Prasad Tiwari and another, one Dalchand Raiger were arrested and during the course of investigation, the Investigation Officer recovered forged SR Register, Transfer Certificates, forged seals as also the diaries from them.

5. Mr. Saransh Saini emphatically submitted that in view of the incontrovertible facts based on public records against the RC, he was clearly ineligible to contest the election to the post of Sarpanch in 2015, yet so did on suppression of material facts and asse