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Judgment
This appeal is before us to examine correctness of the order dated 07.12.2016 passed by learned Single Bench in S.B.
Civil Writ Petition No.14411/2016.
Learned Single Bench by the order aforesaid while affirming the order passed by the Senior Civil Judge, Deedwana, District Nagaur dated 26.11.2016 held that the same does not suffer from any illegality, irregularity, perversity or error apparent on the face of the record.
In brief, facts of the case are that the appellant-petitioner was elected as Sarpanch of Gram Panchayat Hudas on
24.01.2015. A challenge was given to the same by way of filing an election petition before the court learned Senior Civil Judge, Deedwana with assertion that the return candidate is lacking qualificational eligibility, i.e. to have 8 th standard school examination certificate. Learned Senior Civil Judge after examining the evidence available on record by the judgment dated 26.11.2016 accepted the election petition and set aside the election of the return candidate, the appellant-petitioner.
Learned Single Bench after examining whatever material available on record dismissed the petition for writ by arriving at the conclusion that the findings given by learned Senior Civil Judge are supported by adequate reasons and therefore, no interference therein is warranted.
In appeal, the only argument advanced by counsel for the appellant-petitioner is that learned Single Bench failed to appreciate that the election petitioner never produced the 8 th standard school examination certificate of the appellant-petitioner and the entire issue was examined on basis of the transfer certificate issued by the school.
We do not find any merit in the argument advanced.
The eligibility was required to be established by the appellant-petitioner herself. In absence of availability of such certificate, the Election Tribunal rightly examined the transfer certificate and on basis of that, gave a finding of fact, which in our considered opinion, is not at all open for further interference. The appeal, as such, is having no merit. Hence, dismissed.