JUDGMENT :

Ganesh Ram Meena, J.

The petitioner has filed this writ petition challenging the order dated 01.01.2021 issued by the Addl. Commissioner & Joint Secretary-II (Enquiry), Government of Rajasthan, Rural Development & Panchayati Raj Department, whereby petitioner- Vijendra Kumar (Elected Member of Ward No.18, Panchayat Samiti Laxmangarh, District Sikar), has been removed from the post of Member, Panchayat Samiti, Laxmangarh, District Sikar and declared the post vacant under the provisions of the Rajasthan Panchayati Raj Act, 1994 (for short 'the Act of 1994') and further he has been declared permanently ineligible for contesting the elections to any Panchayati Raj Institutions.

2. Before dealing with the arguments of the counsels appearing for the respective parties it would be proper to mention the detailed facts which emerges for consideration of this Court on the basis of pleadings of the parties.

3. After due Notification for the general elections to the Panchayati Raj Institutions, the petitioner- Vijendra Kumar submitted his nomination form for Ward No.18 on 08.11.2020 for election as a Member of the Panchayat Samiti, Laxmangarh, District Sikar. Along-with the nomination form, the petitioner submitted the details about his living children. He mentioned that he has two children namely; Paridhi, born on 04.03.2015 and another Akshita, born on 10.02.2017. The petitioner submitted the nomination form as a candidate of the political party i.e. Bhartiya Janta Party.

4. After voting for the elections, the counting of votes took place on 08.12.2020 and thereafter, the result was declared on the same day and the petitioner was declared a 'returned candidate' as Member of Panchayat Samiti, Laxmangarh, District Sikar from Ward No.18 and on being declared as a returned candidate, a certificate of election was also issued by the Returning Officer.

5. After declaration of the result and the petitioner being declared as a returned candidate, a complaint on the very same day i.e. on 8.12.2020 was submitted by one Mr. Sarendra Kumar Meel, who was a defeated candidate in the election. In the complaint, which is Annex.4 in the writ petition, complainant Sarendra Kumar Meel has alleged that the petitioner- Vijendra Kumar at the time of filing of the nomination form was having two living children and on 20.11.2020 his wife has given birth to the third child. In this manner, as on the date of election i.e. on 8.12.2020, he has more than two living children and has become ineligible for being Member of the Panchayati Raj Institution. It was specifically mentioned in the said complaint that the petitioner Vijendra Kumar be declared ineligible and he be restrained from participating in the election process for the post of Pradhan and Up-Pradhan scheduled on 10.12.2020 and next day respectively.

6. On the basis of the complaint dated 08.12.2020 by complainant Mr. Sarendra Kumar Meel, making allegations against the petitioner, the Returning Officer (Sub Divisional Magistrate), Laxmangarh, District Sikar, on 08.12.2020 issued a show cause notice to the petitioner stating that his wife has given birth to a child on 20.11.2020. It has also been mentioned in the show cause notice that on an inquiry being conducted by the Block Medical Officer, Laxmangarh, there is a confirmation of 'missing delivery' of his wife Smt. Anju Devi, which is her third child. Explanation to the show cause notice was to be submitted by 12:00 noon on 09.12.2020. On 09.12.2020 the Retu