TILOTTAMA BHOLA Vs. COLLECTOR J.S. PUR

JUDGEMENT

(1.) HEARD learned counsel for the parties. 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 Civil Procedure Code.

(2.) 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 district 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 that the petitioner has three children and her youngest child has been 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 of the Orissa Gram Panchayat Act.

(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.