1. Heard learned Counsel for the petitioner, learned Counsel for the Commission and State. None appears on behalf of respondent no. 5 despite valid service of notice.

2. The petitioner and respondent no. 5 were contesting candidates for the post of Mukhiya in Gram Panchayat, Padaria, District Madhepura. They both filed nominations. No objections were filed to the nomination of the petitioner. After scrutiny the nominations including that of the petitioner were accepted. The elections were held. The petitioner was the winning candidate and Respondent No. 5 lost to the petitioner. The petitioner was therefore declared as the elected Mukhiya.

3. The respondent no. 5 then filed a complaint before the Commission on 21.8.2006 that the petitioner was short of the age of 21 years and therefore ineligible under Sec. 136(1)(b) proviso of the Bihar Panchayat Raj Act (hereinafter called the Act). The petitioner was noticed and filed her reply. While respondent no. 5 relied upon an Admit Card of the petitioner issued by the Bihar School Examination Board to contend that her date of birth was 6.5.1985 and therefore the petitioner was short of age by 19 days, the petitioner relied on docu