SIYAWATI Vs. PHOOLWATI

JUDGEMENT

(1.) THE present writ appeal has been preferred under section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the order dated 21. 08. 2008 passed in W. P. No. 14955/2006 whereby the learned Single Judge has dismissed the petition filed by the writ petitioner.

(2.) THE facts leading to the present case are that the present appellant filed an election petition against the election of the respondent no. 1 on the post of Sarpanch. According to the allegations made in the election petition it was the ground that since the respondent no. 1 gave birth to 9th child on 27. 8. 01, therefore, she was not qualified to be elected as a Sarpanch in view of the provisions as contained under Section 36 (1) (m) of M. P. Panchayat Evam Gram swaraj Adhiniyam, 1993 which provides that no person shall be eligible to be an officer bearer of the Panchayat who has more than two living children, one of whom is born on or after 26. 01. 01.

(3.) THE said election petition was dismissed by the competent authority. The order passed by the competent authority is placed on record as Annexure P/1 dated 15. 9. 06 passed by the Prescribed Authority. The prescribed authority, on the basis of the evidence which was adduced before it came to the conclusion that the 9th child to the respondent no. 1 was born on 05. 12. 2000. The Prescribed authority also came to the conclusion that the appellant has failed to prove that the last child to the respondent no. 1 was born on 27. 8. 01. The Prescribed authority has taken into account the relevant documents filed by the parties before him and after appreciation of evidence, the said authority came to the conclusion that on the basis of the certified filed by the respondent no. 1, she gave birth to the last child on 05. 12. 2000 and not on 27. 8. 01.