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2024 Supreme(Raj) 252

VINIT KUMAR MATHUR
Bhanwar Lal Bhadu, S/o. Kishna Ram – Appellant
Versus
Ved Prakash, S/o. Bhagirath Brahman – Respondent


Advocates Appeared:
For the Petitioner: Mr. C.S. Kotwani with Mr. Manoj Choudhary and Mr. Yash Rajpurohit.
For the Respondents: Mr. DLR. Vyas, Mr. Om Prakash Prajapat & Dr. Praveen Khandelwal.

ORDER :

1. Succinctly pleaded the facts in the instant petition and relevant for adjudication of controversy in hand are that:

1.1. The elections for the post of Sarpanch of Gram Panchayat Gangani were held in the year 2020. Petitioner-Bhanwar Lal Bhadu and the respondent No.1 Ved Prakash contested the elections for the post of Sarpanch. The petitioner secured 2212 votes, whereas the respondent No.1 secured 2069 votes. The petitioner was declared winner in the elections as he secured 145 votes more than the respondent No.1. The respondent No.1 preferred an election petition before the District and Sessions Judge, Jodhpur Metro, Jodhpur (hereinafter referred to as ‘the Election Tribunal’) under Section 43 of the Rajasthan Panchayati Raj Act, 1994 as well as Rule 80(d)(iii) and Rule 80(f) of the Rajasthan Panchayati Raj Elections Rules, 1994. In the election petition, the allegation levelled is that in the voter list of Ward No.10, the voters from Serial No.440 to 578 were deleted, however, the deleted voters from the Ward No.10 had casted their votes in favour of petitioner at more than one place (double voting) and, therefore, the non-applicant-Bhanwar Lal Bhadu has adopted corrupt p

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