SARITA ARYA Vs. DISTRICT JUDGE CUM ELECTION

JUDGEMENT

(1.) BOTH the writ, applications arise out of a common judgment dated 24.5.2008 passed by the learned District Judgev cum -Election Tribunal, Bolangi,r in two election petitions.

(2.) AMBIKA Satnami, opposite party No. 2, in W.P.(C) No. 7913 of 2008 filed Election Petition No. 96 of 2003 challenging the election of the petitioner as Chair -person of Kantabanji N.A.C., she having been elected as Councillor from Ward No. 9. Shasikala Agrawala, opposite party No. 2, in W.P.(C) No. 7915 of 2008 filed Election Petition No. 97 of 2003 challenging election of the petitioner as Councillor of Ward No. 6 of Kantabanji N.A.C. Both the election cases were heard together and were disposed of in a common judgment by the learned District Judge -cum -Election Tribunal declaring the petitioner to be disqualified to contest for the post of Councillor of Ward No. 6 and consequently for the post of chair -person.

(3.) SHRI R.K. Mohanty, learned Counsel appearing for the petitioner assails the impugned judgment on the ground that there Is no documentary evidence to show that the petitioner was blessed with third child on 14.9.2002 and in absence of any documentary evidence, solely on the basis of the evidence of the doctor learned District Judge -cum -Election Tribunal could not have given a finding that the petitioner was disqualified to contest election having given birth to the third child on 14.9.2002. Learned Counsel appearing for the contesting opposite parties in both the writ applications drew attention of the Court to the evidence adduced before the Election Tribunal and submitted that not only oral evidence but also documentary evidence have been adduced before the Election Tribunal on the basis of which such a finding has been arrived at.