Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI
Hadman Singh, S/o Bagh Singh – Appellant
Versus
Risal Kanwar, W/o Govind Singh – Respondent
Order
(NUPUR BHATI, J.)
1. The instant writ petition has been filed challenging the order dated 29.01.2025 (Annex-8) passed by the learned Senior Civil Judge No.1 in CIS No. CMC (NC)/42/2020, whereby the Election Petition (Annex-1) filed by the respondent was allowed and the election of petitioner on the post of Sarpanch on 28.09.2020 was declared as void under Section 19(l) of Rajasthan Panchayati Raj Act, 1994. The prayer made in the instant writ petition is reproduced hereunder:
“It is, therefore, most humbly and respectfully prayed that this writ of mandamus may kindly be allowed by an order, writ or direction:-
(i) The order dated 29.01.2025 (Annexure-8) passed by the Senior Civil Judge No.1, Bikaner in C.I.S. No. CMC (NC)/42/2020 may kindly be quashed and set aside and Election Petition filed by respondent may be dismissed.
(ii) Any other appropriate order which this Hon’ble Court consider just and proper in the facts and circumstances of the present case, may kindly be passed in favour of the petitioners.
(iii) Cost of the writ petition may kindly be awarded to the petitioner.”
2. Briefly stated, the facts of the case are that the respondent filed an Election Petition under Rule 80
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....
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....
The court upheld the disqualification of a Sarpanch candidate for having children after the statutory cut-off date, emphasizing the primacy of official records over private documents in determining e....
Matriculation certificates are authoritative for age determination in election matters, unless contradicted by unimpeachable evidence.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
