Dismissed

Smt Rafika Bano v. Smt Salma Sherani

Rajasthan HC21 Jan 2019SAW/1665/2018

Case brief

AI extract

What is this about?

This intra-court appeal challenged the dismissal of a writ petition which affirmed an Election Tribunal order nullifying the appellant's election as Sarpanch due to forged Class-VIII educational certificates. The High Court dismissed the appeal, upholding the tribunal's findings based on cogent evidence.

What did the court decide?

The special appeal fails and is dismissed. No order as to costs.

Smt Rafika Bano Vs Smt Salma Sherani — Election Law | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Spl. Appl. Writ No. 1665/2018

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Smt. Rafika Bano W/o Shri Lukman Khan, Aged About 28 Years, By Caste Sherani (Musalman), Resident of Sherani Aabad, Tehsil Deedwana, District Nagaur (Rajasthan).

¶4

----Appellant

¶5

Versus

¶6

Smt. Salma Sherani W/o Shri Amzad Khan, By Caste Sherani (Musalman), Resident of Sherani Aabad, Tehsil Deedwana, District Nagaur (Raj.).

¶7

Smt. Mahmooda Bano W/o Shri Mohammad Shabbir, By Caste Sherani (Musalman), Resident of Sherani Aabad, Tehsil Deedwana, District Nagaur (Raj.).

¶8

Smt. Gulshan Bano W/o Shri Mohammad Ali Khan, By Caste Sherani (Musalman), Resident of Sherani Aabad, Tehsil Deedwana, District Nagaur (Raj.).

¶9

Senior Civil Judge, Deedwana, District Nagaur (Raj.).

¶10

State Of Rajasthan, Through The Secretary, Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

¶11

Collector, Nagaur.

¶12

Chief Executive Officer, Zila Parishad, Nagaur.

¶13

----Respondents

¶14

For Appellant(s)	: Mr. D.K.Gaur
For Respondent(s)	: Mr. Rajesh Josh Mr.CVS Shekha	i, Sr.Advocate with wat

¶15

HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE DINESH MEHTA

¶16

Judgment

¶17

21/01/2019

¶18

This intra-court appeal is directed against the order dated 5.10.18 passed by the learned Single Judge of this Court, whereby the writ petition preferred by the appellant assailing the judgment

¶19

(2 of 3)

¶20

[SAW-1665/2018]

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dated 6.10.16 passed by Election Tribunal (Senior Civil Judge), Deedwana in Civil Misc. (Election Petition) No.9/15, filed by the respondent declaring the election of the appellant as Sarpanch, Gram Panchayat, Sherani Aabad, illegal and void, has been dismissed.

¶22

The facts relevant are that the appellant Rafika Bano was declared elected as Sarpanch, Gram Panchayat, Sherani Aabad in the Panchayat Raj Institutions Election, 2015. The election of the appellant was questioned by the respondent on the ground that as on the date of filing of the nomination form, the appellant was not holding the educational qualification of Class-VIII as prescribed and thus, her nomination form was liable to be rejected. It was averred that the documents produced by the appellant of her educational qualification of Class-VIII were forged and fabricated. 3. The election petition was contested by the appellant herein, by filing a reply thereto, taking the stand that the documents produced are genuine and the contention of the petitioner that the school which has issued the certificate to the appellant of passing the Class-VIII Examination was not recognized, is of no consequences inasmuch as the recognition is required at the time of passing the examination and not at the time of admission.

¶23

After due consideration of the evidence on record, the Election Tribunal found that Education Certificates i.e. Transfer Certificate (Ex.3) and Mark Sheet of Class-VIII submitted by the appellant along with her nomination form were fabricated inasmuch as the school issuing the certificate was not in existence as on the date of issuance of the certificates. That apart, it was established on the basis of the evidence on record that the day on which the appellant claims to have taken admission in the school

¶24

(3 of 3)

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[SAW-1665/2018]

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was Sunday. It was also proved on the basis of evidence on record that the said school i.e. Bharat Bal Niketan Vidhyalaya was granted recognition in the year 1993. Accordingly, the Election Tribunal arrived at the finding that the certificates regarding educational qualification produced by the appellant at the time of nomination form are fabricated. Since the appellant was lacking in eligibility qualification to contest the election, her election has rightly been declared null and void.

¶27

The learned Single Judge after due consideration of the evidence on record has affirmed the findings arrived at by the Election Tribunal and declined to interfere with the order impugned.

¶28

We are in agreement with the conclusions arrived at by the learned Single Judge. The findings arrived at by the Election Tribunal based on cogent evidence on record, cannot be said to be capricious or perverse, so as to warrant interference by this Court in exercise of its supervisory jurisdiction under Article 227 of Constitution of India.

¶29

In the result, the special appeal fails, it is hereby dismissed. No order as to costs.

¶30

(DINESH MEHTA),J

¶31

(SANGEET LODHA),J

¶32

22-vij/-

Smt Rafika Bano v. Smt Salma Sherani

Case brief

What is this about?

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Smt Rafika Bano v. Smt Salma Sherani

Case brief

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