BANSIDHAR MALLIK Vs. JHUNU MALLIK

JUDGEMENT

(1.) HEARD .

(2.) PETITIONER has filed this writ petition challenging the judgment dated 27.07.2005 passed in Election Appeal No.6 of 2004 (Election Appeal No.6 of 2003 GDC) by learned Adhoc Addl. District Judge (Fast Track), Aska confirming the judgment passed by learned Civil Judge (Jr. Division), Surada in M.J.C. No.9 of 2002 declaring the election of the petitioner to the office of Sarpanch of Gopalpur Sasan Grama Panchayat as void.

(3.) MR . Manoj Mishra, learned counsel appearing for the petitioner challenges the judgments of the Courts below mainly on the ground that the findings recorded by those Courts are contrary to the materials on record. He alleges that the Courts below relied on documents Exts.1 and 3, which were neither admissible nor reliable, and gave undue importance to the evidence of P.Ws. 1 to 6 who were all interested witnesses. Mr. G.K. Behera, learned counsel appearing for opposite party No.1, on the other hand while supporting the impugned judgments, submits that Exts.1 to 3 being official records coming from proper custody are admissible and reliable documents and the contents of those documents are also supported by the evidence of P.Ws.1 to 6. According to him, when such documentary and oral evidences were not rebutted by the petitioner in any manner, the Courts below had every justification of coming to the conclusion that petitioner had four children on the date of filing of the nomination for the election. Learned Government Advocate supported the argument of Mr. Behera.