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2011 Supreme(Ori) 261

R.N.BISWAL
Nirmala Behera – Appellant
Versus
Collector-cum-District Magistrate, Khurda – Respondent


Advocates:
For Petitioner:M/s. Pradipta Mohanty, D. N. Mohapatra, Smt. J. Mohanty, P. K. Nayak and S. N. Dash
For Opp. Parties:Mr. Antaryami Swain (O.P.5)
Addl.Government Advocate (O.Ps. 1 to 3)

JUDGMENT

R.N. BISWAL, J. — Petitioner was elected as Sarpanch of Kalyanpur G.P. under Bhubaneswar block in the district of Khurda in the last election held during the year 2007. When she was continuing as such, a complaint in writing was made to the learned Collector, Khurda by opp.party No.5 alleging that she had three children and the last child was born on 18.9.1996 and that she was involved in corruption by misusing her position. On receipt of the complaint, the learned Collector registered Election Misc. Case No.3 of 2010 and issued notice to the petitioner to appear before him on 6.8.2010. As she did not appear on the date fixed, the case was taken up ex-parte.

In course of enquiry, learned Collector directed the Medical Officer, Mendhasal P.H.C. to obtain the relevant record relating to date of birth of the children of the petitioner and accordingly, the Medical Officer produced the Births and Deaths Registers maintained in his office. On perusal of the Births and Deaths Register of the year 1992, it was found at Sl. No.1351 that a female child was born to her on 25.9.1992. It was found at Serial No.1341 of the Births and Deaths Register of the year 1994 that a male child was








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