1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 4576 OF 2010 IN WRIT PETITION NO. 2652 OF 2010 Sadashiv s/o. Laxmanrao Jadhav, R/o. Rameshwar Tanda, Tq. Kalamnuri, Dist. Hingoli. ....Applicant. Versus Anandrao s/o. Baburao Jadhav, R/o. Rameshwar Tanda, Tq. Kalamnuri, Dist. Hingoli & others ....Respondents. Shri. S.J. Salunke, Advocate for the applicant. Shri. S.B. Ghatol-Patil, Advocate for respondent No. 1. Shri. K.M. Suryawanshi, A.G.P. for State. CORAM : R.M. BORDE, J. DATE : 31st March, 2010 PER COURT : 1. This Court after hearing petitioner on 25th of March 2010 directed issuance of notice to respondents, returnable on 20th of April 2010 and by way of interim order, the petitioner is permitted to contest the elections of the Karkhana subject to final result of the petition. The Returning Officer is directed to accept the nomination paper subject to final orders that would be passed in the petition. 2. This is an application presented by the objector for vacating the interim relief granted by this Court earlier. The nomination paper of the petitioner presented by him for the purpose of contenting the elections 2 for the post of Director of a Specified Co-operative Society has been turned down by the Returning Officer on the ground that child is born to the petitioner after the cut off date i.e. 7.9.2001 and in view of provisions of section 73 (FF) (vii) the candidate has incurred disqualification. At the time of hearing of the petition, it was pointed out that there is conflicting record in respect of the date of birth of the third child. At certain place in record the date of birth of child is mentioned as 28.1.2001 whereas in certain records it is noted as 28.2.2002. On consideration of record, the appellate authorities have turned down the request made by the petitioner for acceptance of the nomination paper and as such, the instant petition is presented. 3. I have perused the record. Reliance is placed on certificate issued by the school authorities on 7.1.2008 wherein the date of birth of the third child is mentioned as 28.1.2001. As stated earlier, the other record i.e. one maintained by the Anganwadi Sevika does not corroborate the certificate issued by the school authorities. Reliance is also placed by the applicant on certificate issued by the Municipal Corporation wherein the date of birth of third child is mentioned as 28.1.2002 which is altogether different date. It is pointed out that the date of birth is recorded in the Municipal Corporation on the basis of report transmitted by Gynecologist. The copy of the extract alleged to be transmitted is also placed on record. The petitioner has placed reliance on the affidavit submitted, so also certificate issued by the school authorities on 7.1.2008 3 wherein it is informed that the date of birth mentioned in the certificate issued earlier has been wrongly mentioned as 28.2.2002 and the same shall be read as 28.1.2001. The petitioner urges to ignore the certificate issued by the Anganwadi Sevika on the ground that the same has been issued with malafied intention. The petitioner also places reliance on a certificate issued by Police Patil wherein it is certified that no child is born to the petitioner after cut of date. A school leaving certificate issued by the School of Scholars, Akola is placed on record wherein the date of birth of third child is mentioned as 28.1.2001. Similarly, the admission extract issued by the School at Parbhani also records the date of birth of the child as 28.1.2001. The bonafide certificate issued by the said School which is annexed along with the petition also records the date of birth of child as 28.1.2001. 4. Apart from these aspects, during the course of hearing on the relevant date the petitioner had brought to my notice the judgment delivered by the Additional Collector Hingoli in Appeal No. 19/A/07 wherein an objection was raised as regards the candidature of the Sou. Shantabai Anandrao Jadhav who is stated to be first wife of petitioner. The said lady wanted to submit her nomination paper for contesting election to Village Panchayat at Rameshwar Tanda, Tal. Kalamnuri. An objection was raised at the time of scrutiny of the nomination papers to the effect that child is born to the lady after the cut off date. The first wife of the petitioner who wanted to contest the election has repudiated the 4 allegations and contended that the child is born from the second wife of the petitioner, however, that is also prior to cut off date. The first wife of the petitioner herein at the relevant time in the year 2007 placed on record her say wherein it is stated that the child is born to the second wife of the petitioner on 28.1.2001. So this is a happening of the year 2007 much prior to issue raised. The petitioner herein is stated to have presented an affidavit before the Deputy Collector. Considering the relevant circumstances, nomination paper was accepted in the said matter. These aspects are being referred to as an instances which are happenings much prior in time of raising of such an issue or the controversy. Considering all these aspects, I had directed that the petitioner be permitted to contest the elections subject to final result of the petition. 5. In this view of the matter and for the reasons recorded above, I am of the opinion that the application tendered by the applicant/respondent objector need not be entertained. The application, therefore, stands rejected. [ R.M. BORDE, J. ] ssc/ca4576.10