KUNJALATA DANG Vs. GAYATRI MAHAKUR

JUDGEMENT

(1.) THIS writ application has been filed challenging the judgment dated 06.07.2013 passed by the learned District Judge, Sonepur in F.A.O. No. 3 of 2013 confirming the order dated 16.03.2013 passed by the learned Civil Judge (Junior Division), Sonepur in Election Misc. Case No. 3 of 2012 whereby the learned Civil Judge declared the election of the petitioner to the office of Sarpanch void.

(2.) THE petitioner, the opposite party and two other ladies filed their nominations for election to the post of Sarpanch of Baladi Grama Panchayat under the Sonepur Panchayat Samiti. The election was conducted on 15.02.2012 and its result was declared on 21.02.2012. The petitioner was declared elected having secured 994 number of valid votes and the opposite party remained in second position securing 864 number of valid votes.

(3.) ON the basis of pleadings of the parties, the learned Civil Judge framed five issues. The present opposite party examined four witnesses including herself and proved certain documents whereas the present petitioner examined two witnesses including herself as O.P.W. No. 1. On consideration of the evidence on record, the learned Civil Judge came to the conclusion that the petitioner gave birth to 3rd and 4th children much after the cut off date and was therefore disqualified under Section 25(1)(v) of the Act and accordingly the election of the petitioner was declared invalid creating a casual vacancy to the office of the Sarpanch of the Grama Panchayat concerned.