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 office