DBSAW No.399/2009 Tila Ram Vs. Antar Khan & Ors. 1 D.B. Civil Special Appeal No.399/2009 Tila Ram vs Antar Khan & Ors. DATE OF ORDER : - 20.4.2009 HON'BLE MR. PRAKASH TATIA, J. HON'BLE DR. VINEET KOTHARI, J. Mr. RS Choudhary, for the appellant. <><><> Heard learned counsel for the appellant. The respondent no.1 was elected as Sarpanch of the Gram Panchayat Bangarsar in the election held in the year 2005. His election was challenged by the appellant before the civil court on the ground that that respondent gave the birth to third child after the cut out date dated 27th Nov., 1995 and, therefore, he was not eligible candidate for the post of Sarpanch, rather say, for any elected post under the Rajasthan Panchayat Raj Act. The another ground was that the respondent has shown his caste wrongly and his caste is not covered under the category of OBC. The respondent's contention was that he has three DBSAW No.399/2009 Tila Ram Vs. Antar Khan & Ors. 2 children, but all the children born before 27th Nov., 1995 as his first child (daughter) borne on 17.1.1988, then son born on 13.10.1990 and lastly son born on 15.7.1993. The contention of the appellant was that second child i.e., son of the respondent born on 21st Sept., 1995 and last child i.e. son of the respondent was born in the year 1998. The appellant placed on record the copy of the register obtained from the school where according to the petitioner-appellant, the respondent's relevant child was studying to show that his date of birth was not 15.7.1993. Learned trial court after considering the evidence and the document in question, referred above, reached to the conclusion that the appellant-election-petitioner failed to prove that any child of the respondent born after cut out date. We perused the reasons given by the court below, which are in detail and also perused the copy of the school register produced by the appellant in the writ petition and we are of the view that the trial court after appreciation of the oral and documentary evidence rightly relied upon the stand taken by the respondent. So far as about caste is concerned, that fact has also been considered and while DBSAW No.399/2009 Tila Ram Vs. Antar Khan & Ors. 3 considering that issue, the document produced by the election petitioner was also considered and the trial court relied upon the Ex.3- the document issued to certify the caste of the respondent. All the issues are issues of facts and they have been decided by the court below after full appreciation of the evidence. We do not find any illegality in dismissing the writ petition of the petitioner by the learned Single Judge. Hence, there is no merit in this appeal and the same is hereby dismissed. (VINEET KOTHARI),J. (PRAKASH TATIA), J. c.p.goyal/-