JUDGMENT

1. By way of this appeal, the appellant-original returned candidate (RC) has challenged the judgment and order of the learned Single Judge which has confirmed the judgment of the election Tribunal dated 22nd December, 2017 by which the election of the appellant-RC as Sarpanch of Gram Panchayat, Hapawas, District Dausa has been quashed and set aside.

2. The facts of the case are that the appellant-petitioner herein contested the election of the Sarpanch of Gram Panchayat, Hapawas conducted on 20th January, 2015. In the election, appellant secured more number of votes and was elected Sarpanch of Gram Panchayat. The election petitioner filed election petition alleging that counting of the votes were wrongly done, however, the irregularities and counting of the votes was not decided in favour of the election petitioner therefore, it is not a subject matter of the writ petition. Thereafter, another ground was taken in the election petition that the appellant-petitioner was having more than two children born after cut off date 27th November, 1995 as his third child Manisha born on 20th August, 2001 and this objection was taken by the election petitioner before the election officer. The appellant herein filed the written statement and stated that counting was rightly done and at the time of counting no objection was raised by the election petitioner. It is also stated that Manisha who is the daughter of brother of appellant Chouthmal and the same allegations were levelled against while he was elected on the post of Sarpanch in the year 2010, and on enquiry it was held that Manisha is daughter of Chouthmal. The respondent no. 5 also filed reply to the election petition stating that counting was rightly done and the appellant was not having more than two children therefore, he was eligible to contest the election. The Respondent no. 6 & 7 also supported the reply filed by respondent no. 5. The Tribunal framed issue no. 1 with regard to counting of votes and second issue with regard to having third child Manisha. The learned Tribunal after framing issues and appreciating the evidence decided issue no. 1 in favour of appellant. However, issue no. 2 was decided against the appellant and therefore, election of the appellant was set aside vide impugned order dated 22nd December, 2017.

3. It is averred by the appellant that a bare perusal of finding with regard to issue no. 2 would reveal that already there was a concluded inquiry conducted in the year 2010 which was never challenged before any higher authority holding that Manisha is daughter of Chouthmal, the brother of the present appellant. It is further averred that a perusal of Ex. A-1 would reveal that earlier when the complaint was made, the inquiry was conducted and it was held that the Ramdhan, appellant is having two children. That vide Ex. A-4 the complaint made against the appellant with regard to having third child was finally consigned to record by the Divisional Commissioner vide its order dated 29th October, 2014, holding that the complaint has been made due to political malice. In support of the averment Ex. A-5, mark-sheet of Manisha of Government Adarsh Senior School, Hapawas was also filed revealing that Manisha is daughter of Chouthmal. Likewise copy of bonafide resident certificate and copy of caste certificate were also placed before the Tribunal as Ex. A-6 & A-7 making it clear that Manisha is daughter of Chouthmal. It is to be noted that an FIR was also registered against the appellant alleging to have filed forged documents by which despite having three children, he has contested the election concealing the fact of third child. However, the said FIR was quashed by the High Court in S.B. Criminal Misc. Petition No. 704/2015 vide order dated 22nd February, 2017 which was challenged before the Supreme Court but the SLP against the same was also dismissed by the Apex Court vide order dated 3rd July, 2017. It is averred by the appellant that in General Census Re