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2017 DIGILAW 1954 (RAJ)

Indresh v. District Election Officer, Alwar

2017-09-01

ALOK SHARMA

body2017
ORDER : Alok Sharma, J. Heard the counsel for the petitioner-election petitioner (hereinafter 'EP') as also the respondent-returned candidate (hereinafter 'RC') and perused the impugned order dated 16.04.2016 whereby the RC's application under Order 7, Rule 11 CPC in the election petition filed by the EP was allowed. 2. Ms. Naina Saraf appearing for the EP submitted that a bare perusal of the election petition indicates that it was founded upon the allegation that the class-VIII mark sheet of the RC was forged and fabricated, for the reason that it was incomplete, did not indicate the period during which the RC studied at the Adarsh Public School, Rajpur Bada by which it was purportedly issued rendering it open to question. Even otherwise it was ex-facie suspect for the reason that the said school was at a distance of 100 kms from the village Sahadi where at the relevant time RC resided. Ms. Naina Saraf submitted that the averment in the petition thus set out sufficient material facts in support of the EP's allegations of the RC having contested the election to the post of Sarpanch on a forged and fabricated mark-sheet. A complete cause of action was therefore made out. She submitted that the dismissal of the election petition by resort to Order 7, Rule 11 CPC in the circumstance was wholly illegal and unjustified. 3. Mr. Anil Agarwal counsel for the RC has supported the impugned judgment. Heard. Considered. 4. A perusal of the election petition bears out the contentions of Ms. Naina Saraf. Therein it has been stated that the RC did not have the requisite minimum educational qualification of class-VIII pass to contest the election to the post of Sarpanch as the mark sheet relied upon by her was evidently forged and fabricated both in view of the fact that it did not indicate the period during which the RC studied at the said School and also for the reasons that the school from where RC alleged to have passed the class- VIII examination as a regular student was at a distance of 100 Kms from the village Sahadi where the RC resided. And thus the RC having passed class-VIII as claimed was an impossibility. 5. And thus the RC having passed class-VIII as claimed was an impossibility. 5. I am of the considered view that in the facts obtaining, the material facts for making out a cause of action in respect of the allegation of forged and fabricated mark sheet being used by RC to contest election to the post of Sarpanch in issue which she won, made out a cause of action for laying of the election petition. The trial court has misdirected himself in holding to the contrary and allowing the RC's application under Order 7, Rule 11 CPC. 6. Resultantly, the impugned judgment is quash and set aside. The matter is remanded to the trial court for trial afresh which be completed within a period of six weeks from the date of presentation of a certified copy of this order in view of the fact that the tenure of the RC is only upto January 2020 and she has already enjoy about half thereof even while a challenge to her election remains pending. The petition is accordingly allowed.