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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.