1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Civil Writ Petition No.16694/2010 Mustan Khan Versus District Election Officer (Panchayat Election) & District Collector, Ajmer & Ors. Date of Order : 22nd December, 2010 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.Deepak Goyal, for the petitioner. By the Court: Aggrieved by the order dated 14.102010, this writ petition has been filed. Petitioner made an application under Order 7 rule 11(d) of C.P.C. for dismissing election petition. It is stated that respondent No.3 Kumari Monica had not attended the age of 21 years to become eligible to contest election. Since, she was ineligible, thus cannot maintain election petition. The Court belwo dismissed the application after holding that the issue aforesaid needs to be decided after evidence being a question of fact. Learned counsel for petitioner submits that once election petitioner was not entitled to contest the election, it is not legally permissible to maintain election petition by her. Accordingly, election petition may be dismissed by accepting 2 application so preferred by the petitioner. I have considered the submissions made by learned counsel for petitioner. Since, it is a question of fact as to whether election petitioner had attended the age of 21 years or not, the Court below rightly dismissed application holding that the issue aforesaid would be decided after evidence. In the light of aforesaid, I do not find any merit in this writ petition, hence, the same is dismissed being devoid of merit. (M.N. BHANDARI),J. Item No.2 Preety, Jr.P.A.