SULEKHA DEVI Vs. STATE ELECTION COMMISSION (PANCHAYAT)

JUDGEMENT

(1.) The petitioner on being elected Mukhiya her election was challenged before the State Election Commission on the ground that she was under age. Before the State Election Commission four circumstances were placed by the two parties. One was the date of birth as shown in petitioner's matriculation certificate which showed her date of birth as 05.08.1995. The second was the certificate of birth issued on 15.01.1989 showing her date of birth to be 11.01.1989. The third was electoral rolls published before these elections were announced which showed her age to be 22 years and the fourth the report of the Collector, Jamui, pursuant to the examination of petitioner by duly constituted Medical Board who opined her age to be between 24 to 26 years.

(2.) The State Election Commissioner has gone and relied on the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter in brevity "Juvenile Justice Act") and thus placed reliance only on the matriculation certificate. He has not gone to the authenticity of the birth certificate or got it verified and going by the matriculation certificate he has held petitioner to be under age.

(3.) Learned counsel for the contesting respondent submits that as per the provisions of Rule-22 of the Bihar Juvenile Justice Rule read with Juvenile Justice Act wherein it is provided that where age is sought to be substantiated by the matriculation certificate that would be the correct age and no other evidence would be acceptable to contradict the same.