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2023 Supreme(Raj) 185

INDERJEET SINGH
Vishni W/o. Narendra Kumar Meena – Appellant
Versus
Muthri Devi W/o. Harikishan – Respondent


Advocates Appeared:
For the Petitioner: Mr. Kamlakar Sharma, Sr. Counsel assisted by Mr. Prem Chand Dewanda, Mr. Rahul Yaduvanshi, Mr. Molik Purohit.
For the Respondent: Mr. Rajendra Prasad, Sr. Adv., assisted by Ms. Harshita Thakral & Mr. Deepak Kumar Sharma, Mr. Deepak Meena, Mr. Shailesh Sharma, AGC.

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 R

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