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2018 Supreme(Raj) 194

ALOK SHARMA
Vinod Choudhary Son of Shri Vardhi Chand Choudhary – Appellant
Versus
State of Rajasthan Through the Chief Secretary, Government of Rajasthan, Government Secretariat, Jaipur – Respondent


Advocates Appeared:
For the Petitioner: Mr. Saransh Saini.
For the Respondent: Mr. Ashish Kumar Sharma for Mr. Rajendra Prasad, AAG, Mr. Nikhil Simlote, Mr. Ravindra Paliwal.

JUDGMENT :

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 y

















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