1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4222 OF 2009 Suhas Shripat Kadam, .. Petitioner Vs Gani Mohammad Patel and 8 ors .. Respondents Ms.Pallavi N. Dabholkar, Advocate for the petitioner. Mrs.Manisha Shekhar /b J Shekhar & Co for responden tnos 3 and 5. Mr S.N.Patil, AGP, for respondent nos 7 to . CORAM : D.B.BHOSALE, J. DATE : 09/09/2009 PC: 1. Heard learned counsel for the parties. 2. This petition is directed against the judgment and order dated 5.3.2009 passed by the Additional Commissioner, Pune Division,Pune, in the appeal filed by the petitioner against the judgment and order dated 21.6.2008 passed by the Additional Collector, Sangli. By the impugned orders, the Collector, Sangli has disqualified the petitioner under section 14(1) clause (j-1) of the Bombay Village Panchayat Act,1958 on the ground that the third child was born to him after 12.9.2001. T 2 3. I have heard the learned counsel for the petitioner. She invited my attention to the documents annexed to the petition to contend that the correct date of birth of the petitioner's third child is 17.7.2001 and not 17.11.2001, as held by the authorities below. In the judgment, the Additional Commissioner has considered this aspect in proper perspective and has recorded findings of fact that the correct date of birth of the petitioner's third child was 17.11.2001. The relevant observations in the order of the Commissioner read thus: “(ii) I have carefully perused the relevant documents in respect of the birth of the third child Pratik filed on record. The view taken by the lower court that the entries regarding the birth of first two issues of the appellant, as recorded by the Registrar of Births and Deaths of Tasgaon nagar Parishad go to show that it cannot be accepted that the appellant's wife would have not taken the benefit of the maternity facillities at Tasgaion for the third time and isntead, had gone to a rural place called Wasgade for the delivery of the third child at the hands of a local mid-wife, appears to be convincing enough, looking at the entire facts of the case. Moreover, the oral evidence of Dr.S.B.Shinde from Urmila Hospital, Tasgaon as against the oral evidence of Shrikant Laxman Kulkarni, the Village Development Officer at Wasgade (pages 79 to 81 in the 1.c.papers) supports this view. The entry from the delivery register of the Urmila Hospital at Tasgaon (page 77 in the 1.c.papers) regarding delivery of the third child of the appellant also is not set aside by producing cogent counter evidence. The letter dated 10.12.2007 written by Dr.S.B.Shinde to the Collector, Sangli in respect of the details of the birth of a son born to Mrs Neeta Suhas Kadam is 3 also relevant and can be accepted as supporting evidence. So also, the oral evidence recorded by the lower court and filed at pages 99 to 105 goes to show that the contention of the appellant that his third child, called Pratik was born at the village Wasgade, on 17.7.2001 does not hold much water and hence, can be accepted as against the convincing evidence regarding the birth of the said third issue called Pratik, on 17.11.2001 at Tasgaon only. (iii) As rightly observed by the Additional Collector, Sangli the name of the mother as recorded by the Tasgaon Nagar Parishad in their record as Neeta Suhas Kadam instead of Anita Suhas Kadam is a small mistake and the entire record goes to show that the said Neeta Suhas Kadam is no one else but the wife of the appellant. Mrs Anita Suhas Kadam.” 4. Considering that there are concurrent findings of fact recorded by the authorities below and considering that there is sufficient material on record to sustain those findings and considering the extremely limited jurisdiction of this Court under Article 227 of the Constitution of India to disturb the findings of fact, this writ petition fails and dismissed as such. At the request of Ms.Pallavi, learned counsel for the petitioner, the interim order, that was granted on 26.6.2009, shall remain operative for a period of two weeks from today. (D. B. Bhosale, J.) 4