DEEN MOHAMMED Vs. CJM, BHARATPUR AND ANR.

JUDGEMENT

(1.) Instant petition is directed against the order of the Election Tribunal dt.07.12.2011 rejecting application filed by the petitioner dt.02.12.2011 U/Ord.8 R.1 Code of Civil Procedure seeking to place certain documents on record at the stage after the matter riped for hearing.

(2.) The petitioner and respondent-2 both were the candidates in the election held for the post of Sarpanch, Gram Panchayat Bhandara, Panchayat Samiti Kaman, District Bharatpur and the petitioner was elected as Sarpanch on 22.01.2010. The respondent being the defeated candidate filed election petition before the Election Tribunal and one of the basic ground which he raised in the election petition was regarding pre-disqualification of having more than two children on the last cut off date referred to in Sec.19(L) of the Raj. Panchayati Raj Act,1994. After the copy of election petition being served upon the petitioner written statement came to be filed somewhere in February,2010 and after evidence of the election petitioner and partially of the defendant petitioner being recorded obviously placing documents on record to justify regarding his last fifth child which according to him as alleged born prior to cut off date and at that stage application came to be filed by the petitioner U/Ord. 8 R.1 Code of Civil Procedure on 02.12.2011 for taking certain documents on record which he obtained on 18.11.2011 from private educational institution to justify that his last and fifth child was born on 10.02.1994 and that being so permission could have been granted to take the documents on record.

(3.) The learned Election Tribunal taking note of the submissions made observed that petitioner was in possession of the record regarding date of birth of his own child and what was available which the petitioner placed on record along with the written statement, still at a later stage the document has been obtained from private educational institution on 18.11.2011 which he wanted to place on record to further strengthen his case that his fifth child was born prior to last cut off date as referred to in Sec.19 (L) of the Act. However, the Election Tribunal while examining the veracity of the document further observed regarding the fact that it was not signed and there is no dispatch number over the document and there are certain erasions, however, did not consider it appropriate to permit the petitioner to place the document on record at such a belated stage as the matter has finally ripen for hearing.