1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1205 OF 2009 Lataru Bawankule Vs. State of Maharashtra & Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri D. P. Lilhare Adv. for petitioner. CORAM: C. L. PANGARKAR J. Dated: 30 th APRIL, 2009. This petition is preferred against the order disqualifying the petitioner from holding the post of Member of the Gram Panchayat and declaring the post to be vacant. Petitioner was elected as a member of the Gram Panchayat in the year 2005. When he was elected he had two children who were born prior to his election. After he was elected another child was born to him on 21.04.2007. Complaint was made to the Chief Executive Officer of the Zilla Parishad that a third child is born to present petitioner and therefore he has incurred 2 disqualification under Section 14 of the Village Panchayat Act. The said complaint was forwarded to the Additional Collector of Nagpur who made an enquiry and found that third child is born and therefore the petitioner has incurred disqualification. Petitioner preferred an appeal before the Commissioner. The Commissioner was pleased to reject the said appeal and being aggrieved by that this Writ Petition is preferred. I have heard the learned counsel for the petitioner. He submits that since the third child is born after the election was held petitioner cannot be said to have incurred disqualification. Submission does not appear to me to be correct. After having gone through the provisions of Section 14(1)(J) and the Proviso thereto it is clear that as soon as third child is born, the member incurs disqualification. It is not disputed that the third child is born to the petitioner after the elections were held. In view of this I do not find that the authorities below committed any error in disqualifying the petitioner from holding the office. There is therefore no substance in the petition. It is dismissed. JUDGE svk 3 4 5 6