BIDESHI SETHI Vs. SMT. MONALISA DAS

JUDGEMENT

(1.) The petitioner has challenged the judgment dated 27.10.2008 passed by the learned District Judge, Ganjam-Gajapati, Berhampur in Election Appeal No. 7 of 2007 confirming the judgment dated 11.9.2007 passed by the learned Civil Judge (Junior Division), Berhampur in Election Petition No. 4 of 2007 wherein he allowed the Election Petition and declared the election of the petitioner to the office of Sarpanch of Luhajhar Gram Panchayat under Rangeilunda Block as null and void and further declared that respondent No. 1, Smt. Monalisa Das was Sarpanch of the aforesaid G.P.

(2.) Election to the office of Sarpanch of Luhajhar Gram Panchayat was notified to be held on 19.02.2007. The petitioner and the opp. party No. 1 contested the election. The petitioner having secured highest number of votes was declared elected as Sarpanch of the said G.P. Being aggrieved with such declaration, opp. party No. 1 filed Election Petition No. 4 of 2007 before the learned Civil Judge (Junior Division), Berhampur (hereinafter referred as Election Tribunal) on several grounds including the ground that Pankaj Kumar Sethi, the third child of the petitioner was born after the cut-off date, i.e., on 22.11.1995 and prayed to declare the said election as void and to further declare that she has been duly elected as Sarpanch of Luhajhar G.P. In his counter, petitioner admitted to be the father of Pankaj Kumar Sethi, but stoutly denied that he was born on 22.11.1995. According to him Pankaj Kumar Sethi was born on 28.1.1994. On the basis of the pleadings of the parties, the Election Tribunal framed seven issued. In order to establish her case, opp. party No. 1 examined three witnesses including herself as P.W.3, while petitioner examined four witnesses including himself as D.W.1. Besides oral evidence, opp. party No. 1 exhibited six documents and the petitioner exhibited two documents. After assessing the evidence both oral and documentary, the Election Tribunal allowed the election petition holding that Pankaj Kumar Sethi, the third child of the petitioner was born on 22.11.1995 and as such he was disqualified under Section 25(1)(v) of the Orissa Grama Panchayat Act, 1964 as amended in the year, 1994, vide judgment dated 5.9.2007. Being aggrieved with the said judgment, the petitioner preferred Election Appeal No. 7 of 2007 before the District Judge, Ganjam-Gajapati, Berhampur, which was dismissed. Hence the present writ petition.

(3.) Learned counsel appearing for the petitioner submitted that Ext. A, the birth certificate of Pankaj Kumar Sethi, showing his date of birth as 28.1.1994 having been issued by the competent authority, i.e, Registrar of Births and Deaths and Medical Officer-in-charge of Kellupalli P.H.C., the Election Tribunal ought to have held that he was born before the cut-off date and as such the petitioner was not disqualified to continue as Sarpanch. The appellate Court without going deep into the matter, in a slip shod manner, dismissed the appeal and confirmed the judgment passed by the Election Tribunal. Hence, learned counsel for the petitioner prayed to allow the writ petition.