KAMLESH KUMAR RAJAK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) CHALLENGE in this petition is made to order Annexure P-1 dated 24/12/05 passed by the Registrar, Births and Death, Katni cancelling a Birth certificate issued to the petitioner regarding birth of a child to him vide Annexure P-3 on 10/08/02.

(2.) FACTS in brief are that petitioner Kamlesh Kumar Rajak was elected as Sarpanch of Gram Panchayat Deori, Janpad Panchayat bahoriband, District Katni. In the elections to the Janpad Panchayat which were held on 19/01/05, it seems that certain dispute arose in the matter of election of the petitioner as Sarpanch and one of the grounds on which his election was assailed is that a third son was born to him after 22/01/01 and, therefore, the disqualification prescribed under Section 36 (1) (m) of the M. P. Panchayat Rajya adhiniyam, 1993 are attracted and he is disqualified for being elected as Sarpanch. Proceedings U/s 36 were held before the collector concerned and it is seen that the Collector in the said proceedings had passed an order on 14/07/05 holding the election of the petitioner to be illegal on the ground that a third son was born to him after 26th January, 2001. The said order of the Collector is assailed by the petitioner in W. P. No. 6191/05 and in the said petition, a bench of this Court has granted interim stay on 18/08/05 to the effect that pending adjudication of the said writ petition, there shall be stay to operation of the order Annexure P-1 dated 14/07/05 available in the record of W. P. No. 6191/05.

(3.) GRIEVANCE of the petitioner now is that inspite of the fact that the order passed by the Collector is subjudice in the connected writ petition being W. P. No. 6191/05, the Registrar, Births and Death by exercising jurisdiction vested in him under Section 15 of the Registration of Birth and Death Act, 1969 (hereinafter referred to as "act of 1969") has cancelled the birth certificate issued in favour of petitioner's son namely, Ganesh Kumar vide Annexure P-3 on 10/08/02.