ORDER :

1. Instant writ petition has been filed by the petitioner (hereinafter to be referred as “Returned Candidate”) against the judgment dated 25.05.2022 passed by the District Judge Dausa, District Dausa (hereinafter to be referred as “the learned Trial Court”) whereby the Election Petition (bearing No.61/2020) filed by the respondent No.1 Muthri Devi (hereinafter to be referred as Election Petitioner), was allowed and election of the Returned Candidate, held on 28.09.2020 for the post of Sarpanch, Gram Saipur Pakhar Panchayat Samiti Mahwa Tehsil, Mandawar District Dausa was set-aside and the Election Petitioner was declared as Elected Sarpanch of aforesaid Gram Panchayat.

2. Brief facts of the case as emerge from the material on record are that an election for the post of Sarpanch, Gram Saipur Pakhar Panchayat Samiti Mahwa Tehsil, Mandawar District Dausa was held on 28.09.2020 for which total 9 candidates filled their nominations and contested the election, including the Election Petitioner and the Returned Candidate. After counting of the votes, the result of the election was declared on the same day i.e. 28.09.2020 in which the Election Petitioner got 590 valid votes and the Returned Candidate received 701 valid votes who thus won the election and was elected as Sarpanch of the said Gram Panchayat.

3. Being aggrieved, the Election Petitioner filed an election petition before the learned Trial Court on the ground that the Returned Candidate was not eligible to contest the election for the post of Sarpanch on account of having pre-disqualification to contest the said election as she was having three children after the cut off date i.e. 28.11.1995 which holds her ineligible in view of the provisions contained in Section 19 (l) of the Rajasthan Panchayati Raj Act, 1994 (hereinafter to be referred as “Act of 1994”). It was further averred revealing about the details of the three children of the Returned Candidate that her first child (Deendayal) was born in the year 2000, second child (Rahul) was born in the year 2002 and the third child (Sachin) was born in the year 2005 and on this account the Election Petitioner prayed for quashing of the election of the Returned Candidate.

4. After notices of the Election Petition being served, a reply was filed by the Returned Candidate in which it was admitted that the Returned Candidate is having three children but in regard to being eligible on account of having third child after the cut off date it was stated that her second & third child are twins, born on 20.08.2002, therefore, the third child cannot be counted as a separate entity & in fact are one entity and that being so, the provisions contained in clause (l) to Section 19 of the Act of 1994 are not applicable and she was eligible to contest the election for the post of Sarpanch under the Act of 1994 and prayed for dismissing the election petiiton.

5. On the basis of the pleadings of the parties, the learned Trial Court framed five issues, which are as under:-

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