TILOTTAMA BHOLA @ TILOTAMA BHOL Vs. COLLECTOR, JAGATSINGHPUR

JUDGEMENT

(1.) This writ petition has been filed by the elected Ward Member of Ward No. 2 of Mouza-Badanga, under Balia Gram Panchayat in the district of Jagatsinghpur, challenging the order dated 12.09.2012, passed by the learned Civil Judge (Jr. Division), Kujanga, in Election Petition No. 10 of 2012, allowing the document produced by the opposite party No. 3 at a belated stage to be marked as Exhibit-7, in violation of the provisions of the Code of Civil Procedure ('CPC' for short). The brief facts of the case is that the opposite party No. 3 contested the election for the post of Ward Member of Ward No. 2 under Balia Gram Panchayat, in the village of Kujanga and having lost the election to the petitioner, she filed election petition before the learned Civil Judge (Jr. Division), Kujanga, which was registered as Election Petition No. 10 of 2012, alleging therein that the petitioner has three children and her youngest child was born on 11.03.2004, after the cut off date and therefore she is disqualified for being nominated or elected as Ward Member under Section 25(1)(v) of the Orissa Grama Panchayat Act ('the Act' for short).

(2.) The present petitioner appeared pursuant to notice and filed her objection/show-cause to the allegations made in the election petition. During trial of the election petition, the opposite party No. 3 filed a petition with a prayer to accept some documents as detailed in the memo as exhibits, on behalf of the petitioner, as those are public documents, with a further prayer to summon through Court, the PHEO Kujanga CHC and Smt. Abanti Rout, Female Health Worker, Balia, to adduce evidence before the Court. The present petitioner filed her objection to the said petition of the opposite party No. 3.

(3.) Learned Civil Judge considering the documents sought to be exhibited by opposite party No. 3 has allowed the photo copy of the Family Planning Sterilization Report of the petitioner, obtained under RTI Act by one Krutibasa Gochhayat, to be marked as Exhibit-7, as it was a public document, issued by the Medical Officer, Kujanga.