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2019 Supreme(Raj) 962

MOHAMMAD RAFIQ, NARENDRA SINGH DHADDHA
Mohan Lal – Appellant
Versus
Nathu Lal Jangid – Respondent


Advocates Appeared:
For the Appellant : Arun Singh Shekhawat
For the Respondent: Manoj Kumar Bhardwaj

JUDGMENT :

Mohammad Rafiq, J.

1. This appeal is directed against judgment dated 04.02.2019 of learned Single Judge whereby the writ petition filed by respondent Nathu Lal Jangid has been allowed, wherein challenge was made to the judgment and decree dated 03.08.2018 passed by the Court of Additional Senior Civil Judge No. 21, Jaipur Metropolitan, Jaipur, (the Election Tribunal) allowing the Election Petition No. 05/2018 filed by appellant Mohan Lal Saini and set-aside the election of the respondent Nathu Lal Jangid as Sarpanch of Gram Panchayat Shriram-ki-Nagal, Tehsil Sanganer, District Jaipur.

2. Facts of the case are that the appellant and the respondent contested the election to the office of Sarpanch, Gram Panchayat Shriram-ki-Nagal, Tehsil Sanganer, District Jaipur. The election was held on 24.01.2015. The respondent secured 802 votes and the appellant secured 742 votes and therefore the respondent was declared elected by margin of 60 votes. It was alleged that the respondent (returned candidate) in the nomination form submitted on proforma no. 4(T) under Rules 25 and 58 of the Rajasthan Panchayati Raj (Election) Rules, 1994 had declared that as on 27.04.1994 he had four issues,

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