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DINESH MEHTA
Mahesh Dewasi – Appellant
Versus
Karan Singh – Respondent
ORDER
1. The petitioner has challenged the order dated 29.09.2021, passed by the Election Tribunal, Bhinmal, Jalore (hereinafter referred to as "the Tribunal") in Civil Misc. (Election Petition) Case No.01/2020(05/2020) (CIS No.01/2020), filed by the respondent No.l, Karan Singh, questioning the acceptance of petitioner's nomination and consequential election on the post of Sarpanch, Gram Panchayat Chatwada, Tehsil Raniwada, District Jalore.
2. The facts of the case in hands lie in a narrow compass. The petitioner; respondent No.l and one Jutharam Kalvi contested the election of Sarpanch, Gram Panchayat Chatwada, Tehsil Raniwada, District Jalore, obviously after their nominations were accepted by the Election Officer.
3. The petitioner secured highest votes and was thus declared successful/returned candidate.
4. The respondent (Election petitioner) Karan Singh filed election petition under Section 43 of the Rajasthan Panchayati Raj, Act, 1994 read with Rules 80, 81, 82 and 83 of the Rajasthan Panchayati Raj (Election) Rules 1994, essentially on the ground that the returned candidate (present petitioner) had wrongly claimed himself to be 23 years of age, though his age was only 19 years
A candidate's eligibility based on age must be substantiated by credible documentation, and disqualification does not automatically entitle the next candidate to be declared elected.
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Failure to disclose accurate age disqualifies election candidates under Section 43-AA(b) of the Uttar Pradesh Municipalities Act, establishing the importance of truthful declarations and burden of pr....
Election candidates must provide authentic documentation. Discrepancies in age and qualifications may lead to disqualification.
Matriculation certificates are authoritative for age determination in election matters, unless contradicted by unimpeachable evidence.
The court ruled that the Election Petition must be verified as per the Election Rules, and that birth certificates are admissible evidence, while Ration and Jan Aadhaar cards are not conclusive proof....
The age mentioned in the voters list should not be the sole consideration for eligibility, and the Returning Officer should independently verify the candidate's age.
A candidate cannot be declared elected merely based on receiving the second highest votes unless they prove eligibility under relevant laws following disqualification of another candidate.
Mandatory disclosure of information by contesting candidates in Panchayat Raj elections, and the consequences of non-disclosure or suppression of information.
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