( 1 ) HEARD the learned Advocates for the petitioner and the respondent Nos. 2, 4,7 and 8.

( 2 ) THE petitioner challenges the orders passed by the authorities declaring that the third child of the petitioner was born on 18-3-2002 and not on 1-9-2001, as was sought to be contended by the petitioner and consequently declaring the petitioner to have been disqualified to be a member of the Gram Panchayat, sayedpur on the basis that a person getting a third child after the appointed date cannot continue to be a member of the village panchayat.

( 3 ) THE contention of the petitioners is that the authorities below did not give sufficient weightage to the birth certificate of the third child of the petitioner, issued by the Gram Sevak, who is given the powers of the Registrar under the Births, Deaths and Marriages Registration Act, 1886, hereinafter referred to as "the said Act. " In other words, it is the contention of the petitioner that the presumptive value which is available to the contents of the birth certificate in terms of the provisions of the said Act read with section 114 of the evidence Act, 1872 has been totally ignored by the authorities below while rejecting the claim of the petitioner in relation to the date of birth of his third child. 3a. It is not in dispute that the petitioner had produced certificate in relation to the birth of his third child and it discloses the date of birth to be 1-9- 2001. The authorities below, however, relying upon the other evidence, oral as well as documentary, and more particularly the testimony of one Smt. Mangala dashrath Ranadive has held that the petitioners wife was carrying on till 14-12- 2001 when she was examined by the said nurse Smt. Ranadive, and it was her 28th week of pregnancy. Though the said witness was cross-examined, it appears that the petitioner could not make any dent in the testimony of Smt. Ranadive.

( 4 ) AS regards the certificate of birth, undoubtedly, any such certificate issued, based on the records maintained by the Gram Sevak who has been given the powers of the Registrar under the said Act, will carry presumptive value in relation to the correctness of the entries in such certificates. It is primarily so because such certificates are issued based on the records which are maintained in the normal course of the duties of the concerned officer under the statutory provisions of law. Obviously therefore, whenever any record is maintained in accordance with the provisions of law, any certificate issued based on such records will carry presumptive value in terms of section 114 of the Evidence Act.

( 5 ) SECTION 19 of the said Act speaks of the duty of Registrar to register births and deaths of which notice is given. It provides that every Registrar of births and Deaths, on receipt of notice of a birth within the local area for which he is appointed, shall, if the notice is given within the prescribed time and in the prescribed mode by a person authorised by the said Act to give the notice, forthwith make an entry of the birth or death in the proper register book. It further provides that if the Registrar has reason to believe that the notice given is false in any respect, he may refuse to register the birth until he receives an order from the Judge of the District Court directing him to make the entry and prescribing the manner in which the entry is to be made and he shall not enter in the register the name of any person as father of an illegitimate child, unless at the request of the mother and of the person acknowledging himself to be the father of the child.

( 6 ) THE term "person authorised" is not defined under the said Act. However, section 20 enumerates the persons who can be said to be authorised to give the notice of birth. It enlists that the following person to be the authorised one to give notice of birth :a. the father or mother of the child;b. any person present at the birth;c. any person occupying, at the time of the birth, any part of the