HEMANTA KUMAR MEHER Vs. SHIBA PRASAD KHAMARI

JUDGEMENT

(1.) HEARD learned Counsel for both the parties and on their consent this writ petition stands disposed of at the stage of admission.

(2.) OPPOSITE Party, Shiba Prasad Khamari was elected as a Member of Remunda Samiti constituency held in the year 2002. Petitioner was contesting for the said post and challenged to the result of that election by filing Election Misc. Case No. 9 of 2002 in the Court of Civil Judge (Senior Division), Baragarh. Both the parties being at issue on the election of the Opposite Party having a third child after the cut off date, they adduced oral and documentary evidence in support of their respective case. On assessment of the same, the trial Court found from the Birth Register and the report submitted by A.N.M. and Immunization Register, Exts.1 to 7, the case of Opposite Party having a third child after the cut off date was proved to disqualify him to contest from the post of Member of the Panchayat Samiti.

(3.) LEARNED Counsel for the petitioner advances argument supporting the findings given by the learned Civil Judge on the same reasoning and criticize the reason assigned by the learned Addl. District Judge in rejecting his case on the issue of proof of third child of the opposite party.