DARASONGH KUMBHAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Writ Application was once disposed of by the Hon'ble Single Judge by Order dated 6.7.2002. Against the said order, W.A. No. 18 of 2004 was filed by the petitioner in which by Order dated 3.11.2004 it was held that as it was not pointed out by the Learned Councel for the parties, before Hon'ble Single Judge that this matter as per the rules of this Court is to be taken up by a Division Bench, the matter was finally decided by the Hon'ble Single Judge but since as per the rules, this case was to be heard by a Division Bench, the said Writ Appeal was allowed and it was directed that this case should be listed before the Division Bench for disposal.

(2.) ACCORDINGLY , when the matter is taken up on the question of admission with consent of the parties, the case was heard on merit.

(3.) THE Learned Civil Judge (Junior Division), Sonepur proceeded with the trial of the said election dispute in which both the parties led oral and documentary evidence. The Opp. Party No. 2 besides examining himself also examined a co -villager as P.W. 2 and the Headmaster of the Government U.P. School, Baiadi as P.W. 3 to prove the date of birth of the first two children of the petitioner as recorded in the School Admission Register and the said entries were marked as Ext. 1 series. He also examined the A.N.M. of Bagabahali sub -centre under Naikenpali P.H.C. to prove that the third child of the petitioner i.e., Pragati was born on 12.5.1998 as entered in the immunization register under Ext. 2.