GANGADHAR Vs. TRIMBAK

JUDGEMENT

(1.) HEARD the learned Advocates for the petitioner and the respondent Nos. 2, 4,7 and 8.

(2.) THE petitioner challenges the orders passed by the authorities declaring that the third child of the petitioner was born on 18-3-2002 and not on 1-9-2001, as was sought to be contended by the petitioner and consequently declaring the petitioner to have been disqualified to be a member of the Gram Panchayat, sayedpur on the basis that a person getting a third child after the appointed date cannot continue to be a member of the village panchayat.

(3.) THE contention of the petitioners is that the authorities below did not give sufficient weightage to the birth certificate of the third child of the petitioner, issued by the Gram Sevak, who is given the powers of the Registrar under the Births, Deaths and Marriages Registration Act, 1886, hereinafter referred to as "the said Act. " In other words, it is the contention of the petitioner that the presumptive value which is available to the contents of the birth certificate in terms of the provisions of the said Act read with section 114 of the evidence Act, 1872 has been totally ignored by the authorities below while rejecting the claim of the petitioner in relation to the date of birth of his third child.