RANI DEVI Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) Heard learned counsel for the Appellant and the State Election Commission (hereinafter referred to as the Commission).

(2.) The present Appeal arises from order dated 05.02.2013 dismissing C.W.J.C. No. 21556 of 2012, affirming the order of the State Election Commission dated 08.11.2012 holding that the date of birth of the Appellant was 15.03.1990. She was therefore below 21 years of age on 05.03.2011 when she filed nomination for the Panchayat Elections-2011, leading to her being unseated from the post of Mukhiya after having successfully contested.

(3.) Learned counsel for the Appellant contended that the conclusion of the Tribunal is vitiated as based on an admission by the Appellant that her date of birth was 15.03.1990. No admission had been made by the appellant. On the contrary she had relied upon the electoral roll of the year 2011 to contend that her date of birth was 18.08.1987. The electoral roll was not in dispute. If the Commission had any doubts it should have had further inquiries made into the date of birth including assessment by a Medical Board, if necessary.