The High Court of Rajasthan dismissed a stay application filed by a returned election candidate. The court held that the trial court did not err in finding the petitioners eligibility certificate forged based on lack of documentary evidence and school records contradicting his claim.
Stay application dismissed; trial court order upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH
ORDER
S.B. Civil Misc. Stay Application No.15077/2017
in (S.B. Civil Writ Petition No.17059/2017)
Bharat Singh Son of Shri Lal Chand Jatav, by Caste Jatav, Resident of Jatav Basti, Village Rajora Kala, Tehsil Sapau, District Dholpur (Rajasthan)
----Petitioner
Versus
----Respondents
Date of Order:
October 27, 2017.
PRESENT
HON'BLE MR. JUSTICE ALOK SHARMA
Mr. J.P. Goyal Senior Advocate with Mr. Dheeraj Singhal, for the petitioner. Mr. Raj Kamal Gaur, for respondent.
BY THE COURT :
Having heard counsel for the parties on stay application. The trial court has held that the petitioner returned candidate (hereinafter `the RC’) when he purported to have passed class VIII from Panna Lal Senior Secondary School Nagla Dadhiram Aulenda Fatehpur Sikari Agra, stayed at a distance of about 50 Kms. away at his permanent residence in village Rajora Kala, Tehsil Sepau District Dholpur. The trial court also found that
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the petitioner RC in his cross examination has admitted that there was no documentary evidence of his father's residence at any time at Nagla Dadhiram Aulenda Fatehpur Sikari Agra such as ration card, voter ID, name in voter-list, or certificate from the Sarpanch of the village (in view of the fact that at the time relevant he was only a minor) for it to credible that the petitioner stayed at the said village from where he claimed to have passed class VIII. Besides the report by the District School Inspector Agra (Ex.7) a public document under Section 74 of the Evidence Act stated that on enquiry from the record of the school from where the petitioner RC claimed to have passed class VIII it was found that he had never been admitted to the said school what of having passed class VIII therefrom.
In this view of the matter, I am of the considered prima facie view without anything more for the purpose of the stay application that the trial court has not erred in holding that class VIII pass certificate propounded by the petitioner as his eligibility under Section 19(t) of the Rajasthan Panchayati Raj Act, 1994 to contest the election for the post of Sarpanch was forged and fabricated.
I find no force in the stay application. It is dismissed.
(Alok Sharma), J.
arn/
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All corrections made in the order have been incorporated in the order being emailed.
Arun Kumar Sharma, Private Secretary.
3 issues framed by the court
Whether the stay application can be admitted considering the trial court's finding that the petitioner's an eligibility certificate was forged.
Whether prima facie materials show that the trial court erred in holding the class VIII pass certificate forged.
Whether the petitioner prima facie demonstrated cause to stay the impugned order.
2 provisions across 2 enactments
Bharat Singh
Sovaran Singh Varun
Subhash Chand Mangal
Alok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
