The Election Tribunal's findings on disqualification based on children's birth dates were upheld, emphasizing the importance of credible evidence over uncorroborated claims.

Order

Reserved on 06/11/2024 Pronounced on 22 /11/2024 Reportable

1. In compliance of the order dated 27.09.2024 passed by the Hon’ble Apex Court in Writ Petition (Civil) No. 602/2024, this petition was taken up for final disposal and with the consent of learned counsels for the parties, final arguments have been heard and the order was reserved on 06.11.2024.

2. The instant writ petition has been filed by the petitioner feeling aggrieved and dissatisfied by the impugned judgment dated 15.02.2023 passed by the Additional Senior Civil Judge No.3 District Alwar by which the Election Petition, filed by the respondent No. 1 under Section 43 of the Rajasthan Panchayati Raj Act , 1994 (for short, ‘the Act of 1994’) and Rule 80 of the Rajasthan Panchayti Raj (Election), Rules 1994 (for short, ‘the Rules of 1994’), has been allowed and the petitioner has been declared as disqualified to hold the post of Sarpanch, Gram Panchayat Bhuriyawas, Panchayat Samiti, Thanagaji, District Alwar and further a direction has been issued to the District Collector, Alwar to proceed in accordance with law.

3. A challenge has also been made to the order dated 10.04.2023 passed by the Block Development Officer, Panchayat Samiti Thanagaji, District Alwar by which fresh election process for bye-elections has been initiated and certain persons have been nominated as Election Officers.

4. Learned Sr. Counsel for the petitioner submits that the petitioner had contested the election for the post of Sarpanch Gram Panchayat Bhuriyawas, Panchayat Samiti, Thanagaji, District Alwar and his election was assailed by the respondent No. 1 by way of filing an election petition before the Court of Additional District Judge, Alwar which was transferred to the Court of Additional Senior Civil Judge No. 3-Alwar. Counsel submits that the election petition was filed against the petitioner on the ground that the petitioner was having two additional children after the cut off date, prescribed under the Act of 1994 i.e. 27.11.1995. Counsel submits that at the time of submission of the nomination form, date of birth of the petitioner’s son-Rajesh was mentioned as 05.07.1990 and date of birth of the petitioner’s daughter-Mamta was mentioned as 15.07.1994. Counsel submits that inadvertently a mistake has occurred on the part of the petitioner with regard to the date of birth of Rajesh. Counsel submits that as per the scholar register, maintained by the Government School, the correct date of birth of his son-Rajesh is 01.01.1995 and as per the private school record, the date of birth of his daughter -Mamta is 15.04.1994. Counsel submits that all these documents were submitted on record before the Election Tribunal and even the evidence of Headmaster of the Government Upper Primary School, Toda, Sitraram Prajapat (DW-3) was recorded who has categorically stated on oath that as per the entry mentioned in the admission form, the date of birth of son of the petitioner -Rajesh was 01.01.1995. Counsel submits that in support of his contentions, he proved and exhibited two documents i.e. school admission form and the certificate regarding date of birth of Rajesh i.e. Annexures A-5 and A-6. Counsel submits that with regard to the date of birth of Mamta, two documentary evidence i.e. school admission form and certificate issued by the concerned school, which were placed on record, were exhibited but without considering the same and without recording any finding with regard to the genuineness of these documents, the impugned judgment has been passed against the petitioner, solely on the basis of the two marksheets of Class-10th issued by the Board of Secondary Education. Counsel submits that the marksheets of Class 10th cannot be treated as the sole criterion for determination of the date of birth, when other evidence were available on record.

Counsel submits that the date of birth recorded in the marksheets of Class-10th may not be correct for some reasons but the date of birth mentioned in the s