Rajasthan Panchayati Raj (Election) Rules, 1994–Rule 80–Evidence Act, 1972–Sec. 35–Election petition–Allowed–Case of more than two children after cut off date–Allegation that the petitioner furnished the wrong information with regard to correct date of birth of his son R and daughter M in his nominaton paper–Change in date of birth in the mark sheets of R and M, issued by the Board of Secondary Education has not been challenged and same attained finality–It was not within the jurisdiction of the Tribunal to over-look the mark-sheets issued by a competent officer–Petitioner is not sure about the date of birth of his son R and daughter M i.e., whether R was born before or after the birth of M–He has not come with the correct date of birth of R–Standard of proof required in an election petition founded on ineligibility of the candidates is not beyond the reasonable doubt but only preponderance of probability–Matriculation certificate issued by the Board of Secondary Education would be given precedence over any other evidence of date of birth–Held, no interference is required in the findings recorded by the Tribunal.
