RAVIKA EKKA Vs. KUNNI KUJUR

JUDGEMENT

(1.) THIS Civil Revision is directed against the order dated 11. 07. 2007 passed by the 1st Additional District judge (F. T. C.), Ramanujganj in Miscellaneous Civil Case no. 1/05 whereby the election of the petitioner as president of the Nagar Panchayat, Balrampur was declared void.

(2.) THE respondent No. 1 herein had filed the petition under Section 20 of the Chhattisgarh Municipalities act, 1961 (henceforth `the Act') alleging inter alia that the petitioner herein was disqualified from election as the President of the Nagar Panchayat, balrampur on the ground that the third child to the petitioner was born after 26th January, 2001 i. e. 15. 02. 2002.

(3.) ALTHOUGH in paragraph 42 of the impugned order it was observed that the evidence led by the respondent no. 1 was of a weak nature, yet the learned 1st additional District Judge held that the petitioner was disqualified for election as a President of Nagar panchayat, Balrampur, as she had more than two living children, one of whom was born on or after 26th january, 2001. This finding was reached on the ground that under Section 106 of the Evidence Act the petitioner had failed to discharge the burden of proving the fact that the third child of the petitioner was born before 26th January 2001.