ORDER

Dt.16.08.2007 : Heard

Learned Additional Government Advocate appears for opposite parties 2 and 3-Copy of the writ petition has been received by him. Opposite party No.1, appears through counsel and states that Vakalatnama has already been filed. That Vakalatnama be tagged or record. On consent of the parties, the writ petition is heard and disposed of at the stage of admission.

The writ petitioner, i.e., elected Sarpanch and the oppo¬site party No.1 are respectively Opp.party No.3 and petitioner in Election Misc. Case No.7 of 2007 of the Court of Civil Judge (Junior, Division), Kendrapara. Opp. party No.1 filed that elec¬tion petition, inter alia, on the ground that the elected Sara¬panch (writ petitioner) had more than two children after the cut off date as provided in Sub-section (1)(v) of Section 25 of the Orisa Gram Panchayat. Act., 1964 (in short the ‘Act’). It is stated at the Bar and also available from the election petition, Annexure-1, that in paragraphs - 6 and 7 of the election peti¬tion, Opposite party No.1 states that petitioner has four chil¬dren and the last child was born on 12.4.1998, i.e., after the prescribed cut off date. After filing of the show-cause b