The High Court dismissed a writ petition challenging a trial court order refusing to admit a photocopy of a survey report. The trial court found the petitioner could not produce new evidence at this stage and the survey report was not conclusive proof of birth date.
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S. B. Ci vi l Wr i t Pet i t i on No. 916/ 2008. Dat e of or der : 4/ 2/ 2008.
HON' BLE MR. JUSTI CE MOHAMMAD RAFI Q
Shr i Ani l Jai n f or t he pet i t i oner . * * * * * *
The pet i t i oner has chal l enged t he or der dat ed 21. 09. 2007, wher eby t he phot o st at e copy of t he sur vey r epor t pr epar ed by Bl ock El ect i on Of f i cer wi t h r egar d t o t he ver i f i cat i on of t hi r d chi l d i nt o t he f ami l y of t he el ect ed Sar panch No. 2 has been r ef used t o t aken on r ecor d by t he t r i al cour t . I n t hi s r egar d, t he l ear ned counsel f or t he pet i t i oner ar gued t hat dur i ng t he cour se of ar gument s on t hat appl i cat i on, t he pet i t i oner pr oduced at t est ed copy of sur vey r epor t and i t was t he mat t er of evi dence as t o who pr epar ed t hat r epor t . Havi ng per used t he i mpugned or der , I f i nd t hat t he mat t er per t ai ns t o an el ect i on pet i t i on whi ch was f i l ed i n Febr uar y 2005 and t he pet i t i oner cannot be per mi t t ed t o pr oduce at t hi s st age copy of t he sur vey r epor t , whi ch obvi ousl y r equi r e f ur t her evi dence i n t he mat t er . The l ear ned t r i al cour t r i ght l y al l owed pr oduct i on of t he sur vey r epor t on r ecor d. Quest i on whet her t hi r d chi l d was bor n i nt o t he f ami l y of el ect ed Sar panch Har i Si ngh i s a quest i on whi ch can be pr oved or di spr oved by evi dence l et by t he par t i es. Sur vey r epor t pr epar ed by t he Bl ock Educat i on Of f i cer cannot be i n case pr oof of exact dat e of bi r t h as i t i s based near l y on sur vey.
Consequent l y, I do not f i nd any mer i t i n t hi s wr i t pet i t i on, whi ch i s accor di ngl y di smi ssed.
( MOHAMMAD RAFI Q) , J.
Ti kam
47
2 issues framed by the court
Whether the Writ Petitioner can be permitted to produce a photocopy of the survey report at this stage in an election petition.
Whether a survey report prepared by the Block Education Officer can serve as conclusive proof of the exact date of birth of a third child claimed to have been born into the family of the elected Sarpa
1 provisions across 1 enactments
Shri Anil Jain
Elected Sarpanch Har Singh
Mohammad Rafiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
