IMPORTANT POINT
Burden of proof lies on the person making it. Failure of one party to prove his case does not automatically prove the other party’s case.

JUDGMENT

Chelameswar, J.

Leave granted.

2. This appeal arises out of a judgment dated 18.2.2011 of the High Court of Orissa in Writ Appeal No.114 of 2011.

3. The factual background of the litigation is as follows:-

(A) Election to the post of Sarpanch of Kulagada Gram Panchayat in the District of Ganjam, Orissa were held in the year 2007. The appellant, the first respondent and two others filed their nominations. The scrutiny of the nominations took place on 16th January, 2007. The returning officer held all the four nominations valid.

(B) Subsequently, except the appellant and the first respondent, the other two candidates withdrew from contest. Election took place on 17th February, 2007, wherein the appellant herein was declared elected.

(C) The first respondent, filed an Election Petition under Section 31 read with Section 34 of the Gram Panchayat Act, 1964 (for the sake of convenience it is called “the Act” I), on the ground that the appellant herein was not eligible to contest the election in view of Section 11(b) of the Act which declares that no member of `Gram Sasan’ (a defined expression under Section 2(h) of the Act) shall be eligible to contest for the post of Sarpanch if he has not attained the age of 21 years. It is the specific case of the first respondent that the appellant herein was born on 20.06.1986 and had not attained the age of 21 years by the relevant date. The 1st respondent, therefore, sought two reliefs in the election petition that the election of the appellant herein be set aside and also that the 1st respondent be declared to have been duly elected. The appellant contested the election petition. By the judgment dated 29.11.2008 the election petition was allowed. Aggrieved by the decision of the trial Court, the appellant herein carried the I “Gram Sasan” means a Grama Sasan established under Section 4'. matter in an appeal under Section 38(4) of the Act to the District Court, Ganjam. The appeal was dismissed by a judgment dated 14th September, 2009.

(D) Aggrieved by the same, the appellant herein carried the matter by way of a Writ Petition (Civil) No. 14356 of 2009 to the High Court of Orissa which was also dismissed by a Judgment dated 18.2.2011, and the same was challenged in an Intra Court appeal in appeal No. 114 of 2011 without any success. By the Judgment under appeal, the writ appeal was dismissed.

4. It is argued by learned counsel for the appellant that the judgment under appeal cannot be sustained as there is no legally admissible evidence on record to enable the Courts below to reach the conclusion that the appellant was born on 20th June, 1986.

5. It is recorded in the judgment rendered in the writ petition:-

“The trial court held that the date of birth of the petitioner was 20.6.1986 mainly on the basis of School Admission Register, Ext.5, the relevant entry of which is Ext.5/A, the Admission Form Ext.6 and the Transfer Certificate of the petitioner Ext.7, P.W.2, one Asst. Teacher of Basudev High School, Dhaugaon produced the School Admission Register and proved, it which was marked as Ext.5.”

6. The question of admissibility of the exhibits 5, 5A and 7 was raised in the writ petition but rejected on the ground that the said documents were admitted in evidence without any objection before the Trial Court. However, the learned judge opined that mere proof of the above-mentioned exhibits does not mean that the content of the said exhibits was also proved.

“Of course, only because those documents were admitted without objection, it cannot be said that the contents thereof were also admitted. It was the duty of the opp.party to prove the contents of those documents particularly, the date of birth of the petitioner entered in Ext.5 and the transfer certificate Ext.7.”

7. However at para 7, it was held::

“In the present case the entry as per Ex.5/A was made on the basis of transfer certificate Ext.7 and the application made by Maheswar Gouda, cousin brother of petitioner’s father. The trial court