SIYAWATI Vs. PHOOLWATI

JUDGEMENT

(1.) THE present writ appeal has been preferred under section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the order dated 21.8.2008 passed in W.P. No. 14955/2006 [2009 (1) JLJ 431] whereby the learned Single Judge has dismissed the petition filed by the writ petitioner.

(2.) THE facts leading to the present case are that the present appellant filed an election petition against the election of the respondent No. 1 on the post of Sarpanch. According to the allegations made in the election petition it was the ground that since the respondent No. 1 gave birth to 9th child on 27.8.2001, therefore, she was not qualified to be elected as a Sarpanch in view of the provisions as contained under section 36 (1) (m) of M.P. Panchayat Evam Gram Swaraj Adhiniyam, 1993 which provides that no person shall be eligible to be an office bearer of the Panchayat who has more than two living children, one of whom is born on or after 26.1.2001.

(3.) THE present appellant filed a petition before this Court challenging the order Annexure P-1 and submitted that the Prescribed Authority was not justified to record a finding that the respondent No. 1 gave birth to a child on 5.12.2000 and not on 27.8.2001. Since a finding of fact has been arrived at on the basis of appriciation of documentary and oral evidence which was adduced before the Election Officer, the petition was dismissed. The learned Single Judge also came to the conclusion that the ground as such cannot be raised to set aside the election merely because a false declaration was given by the respondent No. 1.